the sale of all tangible personal property sold at retail,
or stored, used or otherwise consumed, in a county.

2. Provisions substantially identical to
those contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to
chapter 374 of NRS after the date of enactment of the ordinance, not
inconsistent with this chapter, automatically become a part of [the]an ordinance
imposing the tax for public mass transportation and
construction of public roads or the tax to promote tourism in the
county.

4. A provision that the county shall
contract before the effective date of the ordinance with the department to
perform all functions incident to the administration or operation of the tax in
the county.

Sec. 4. NRS 377A.070 is
hereby amended to read as follows:

377A.070 1. The county
treasurer shall deposit the money received from the state controller pursuant
to NRS 377A.050 for public mass transportation and
construction of public roads in the county treasury for credit to a fund
to be known as the public transit fund.

2. [The
money in the public transit fund may not be diverted to the regional street and
highway fund of the county.

3. ]
The public transit fund must be accounted for as a separate fund and not as a
part of any other fund.

Sec. 5. NRS 377A.080 is
hereby amended to read as follows:

377A.080 1. In any county in
which a tax for public mass transportation and
construction of public roads has been imposed, the board shall by
ordinance create a regional transportation commission pursuant to chapter 373
of NRS if one has not already been created under that chapter. Where a regional
transportation commission has already been created under that chapter, that
commission shall also [perform the duties
specified in subsection 2.]exercise the
powers conferred by this section.

2. The regional transportation commission
[shall:]may:

(a) Appropriate money in the public transit fund
accumulated by a county to provide a public transit system for that county if
the system is included in a regional transportation plan adopted by the regional
transportation commission;

(b) Appropriate money to support agencies which
are providing transportation for the elderly and the handicapped if the
services provided by the agencies are part of the regional transportation plan;
and

(c) Provide for or perform all functions
incident to the administration and operation of the public transit system.

3. The commission may draw money out of
the public transit fund only for the purposes of establishing and maintaining a
public transit system for the county , [and] supporting other services required
by the regional transportation plan [.]and constructing, repairing and maintaining public
roads. Money drawn for constructing, repairing and maintaining public roads
must be allocated to the governmental entities within the county in the same
ratio as each entitys total miles of paved roads bears to the total miles of
paved roads within the county.

377A.090 1. Money for the
payment of the cost of establishing and maintaining a public transit system may
be obtained by the issuance of revenue bonds and other revenue securities as
provided in subsection 2 of this section, or, subject to any pledges, liens and
other contractual limitations made under this chapter, may be obtained by
direct distribution from the public transit fund, or may be obtained both by
the issuance of such securities and by such direct distribution as the board
may determine.

2. The board may, after the enactment of
an ordinance imposing a tax for public mass transportation and construction of public roads as authorized by NRS
377A.020, from time to time issue revenue bonds and other securities, which are
not general obligations of the county or a charge on any real estate therein,
but which may be secured as to principal and interest by a pledge authorized by
this chapter of the receipts from the tax for public mass transportation [.]and
construction of public roads. No revenue bonds or other securities may be
issued pursuant to this chapter to obtain money for the construction of public
roads.

3. The ordinance authorizing the issuance
of any bond or other revenue security must describe the purpose for which it is
issued.

Sec. 7. NRS 377A.100 is
hereby amended to read as follows:

377A.100 Each ordinance providing for the
issuance of any bond or security issued under this chapter payable from the
receipts of the tax for public mass transportation and
construction of public roads may, in addition to covenants and other
provisions authorized in the Local Government Securities Law, contain a covenant
or other provision to pledge and create a lien upon the receipts of the tax or
upon the proceeds of any bond or security pending their application to defray
the cost of establishing or operating a public transit system, or both tax
proceeds and security proceeds, to secure the payment of any revenue bond or
security issued under this chapter.

Sec. 8. NRS 377A.110 is
hereby amended to read as follows:

377A.110 1. Subject to the
provisions of subsection 2, the board [shall]may gradually reduce the amount of tax imposed
pursuant to this chapter for public mass transportation and
construction of public roads as revenue from the operation of the public
transit system permits.

2. No such taxing ordinance may be
repealed or amended or otherwise directly or indirectly modified in such a
manner as to impair any outstanding bonds issued under this chapter, or other
obligations incurred under this chapter, until all obligations, for which
revenues from the ordinance have been pledged or otherwise made payable from
such revenues pursuant to this chapter, have been discharged in full, but the
board may at any time dissolve the regional transportation commission and
provide that no further obligations be incurred thereafter.

________

κ1985
Statutes of Nevada, Page 737κ

CHAPTER 235, SB 127

Senate Bill No.
127Committee on Commerce and Labor

CHAPTER 235

AN ACT relating to financial institutions;
making various regulatory changes; and providing other matters properly relating
thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 657 of
NRS is hereby amended by adding thereto a new section to read as follows:

Savings deposit means a
deposit or account:

1. With respect to
which the depository institution may require the depositor to give written
notice of withdrawal not less than 7 days before a withdrawal, but from which
the depositor may otherwise make withdrawals without giving written notice; and

2. Which is not
payable on a specific date or at the expiration of a specified time after the
date of deposit.

Sec. 2. NRS 657.005 is
hereby amended to read as follows:

657.005 As used in this Title, except as
otherwise specifically provided or the context otherwise requires, the words
and terms defined in NRS 657.011 to 657.085, inclusive, and
section 1 of this act have the meanings ascribed to them in [such]those sections.

Sec. 3. NRS 657.016 is
hereby amended to read as follows:

657.016 Bank, commercial bank or
banking corporation refers to corporations conducting the business of
receiving money as demand deposits [and]or otherwise carrying on a banking or banking and
trust business.

Sec. 4. NRS 657.085 is
hereby amended to read as follows:

657.085 Time [deposits
means all deposits the payment of which cannot be legally required within 30
days.]deposit means a deposit which:

1. The depositor
does not have a right to withdraw for a period of 7 days or more after the date
of deposit; and

2. Is payable at
the expiration of a specified time not less than 7 days after the date of
deposit.

2. Whenever any banking corporation [violates its], a
member of its board of directors or any officer, employee or stockholder of the
corporation violates the corporations charter or any law [,]related to
banking, or, in the opinion of the administrator, is conducting its
business in an unauthorized or unsafe manner, the administrator shall forthwith
issue an order, in writing, directing the discontinuance of [such]the
unauthorized or unsafe practices .

the unauthorized or unsafe
practices . [and
requiring the delinquent bank to appear before him, at a time and place fixed
in the order, to present any explanation in defense of the practices directed
to be discontinued in the order.]

3. Whenever it appears to the
administrator that the capital stock of any bank has been reduced in value
below the requirements of law, or of its certificate of incorporation, he shall
forthwith issue an order directing that [such]the bank make good [such]the deficiency forthwith or within a time
specified in [such]the order.

4. Whenever it appears to the
administrator that either the total reserves or reserves on hand of any bank
are below the amount required by law to be maintained, or that [such]a bank
is not keeping its reserves on hand as required by this Title, he shall
forthwith issue an order directing that [such]the bank make good [such]its reserves forthwith, or within the time
specified within [such]the order, or that it keep its reserves on hand as
required by this Title.

5. Whenever it appears to the
administrator that any bank to which this Title is applicable does not keep its
books or accounts in such a manner as to enable
the administrator readily to ascertain its true condition, he shall issue an
order requiring [such]the bank, or the officers thereof, or any of them, to
open and keep [such]its books or accounts as he may, in his discretion,
determine and prescribe for the purpose of keeping accurate and convenient
records of the transactions and accounts of [such]the bank.

Sec. 6. NRS 658.125 is
hereby amended to read as follows:

658.125 [1.]
Any bank aggrieved by any decision or order issued by the administrator or any
member of his staff must appeal to the state board of finance if a review of
the decision or order is desired.

[2. The
procedure set forth in NRS 659.055 governs all such appeals.]The appeal must be made within 15 days after the decision or
order is issued.

Sec. 7. NRS 659.055 is
hereby amended to read as follows:

659.055 Any person aggrieved by any decision
of the administrator made under NRS 659.045 may appeal to the state board of
finance if a review of the decision is desired. The
appeal must be made within 15 days after the administrator makes his decision. If
an appeal is taken, the state board of finance shall conduct a full hearing.

Sec. 8. NRS 659.125 is
hereby amended to read as follows:

659.125 1. A corporation
must not be chartered under the laws of this state with the words bank or
banking as part of its name except corporations [reporting
to and under the supervision of the administrator,]subject to regulation pursuant to chapters 657 to 668,
inclusive, of NRS or corporations under the [supervision]regulation of the commissioner of insurance. A
corporate name must not be amended to include the words bank or banking
unless the corporation is under such [supervision.]regulation.

2. No natural person,
association, firm or corporation domiciled within this
state, except [corporations reporting to and under the supervision of the
administrator] a national bank or a banking corporation subject to regulation
pursuant to chapters 657 to 668, inclusive, of NRS or under the [supervision]
regulation of the commissioner of insurance, may advertise or put forth any
sign as bank, banking or banker or use the word bank, banking or banker
as part of its name and title.

within this state, except [corporations
reporting to and under the supervision of the administrator]a national bank or a banking corporation subject to regulation
pursuant to chapters 657 to 668, inclusive, of NRS or under the [supervision]regulation
of the commissioner of insurance, may advertise or put forth any sign as
bank, banking or banker or use the word bank, banking or banker as part
of its name and title.

3. Any person who violates any of the
provisions of this section shall be fined not more than $500 for each offense.

Sec. 9. NRS 662.105 is
hereby amended to read as follows:

662.105 [1.]
Subject to any applicable regulations of the administrator, a bank may grant
options to purchase, sell or enter into agreements to sell shares of its
capital stock to its officers or employees, or both, for a consideration of not
less than 100 percent of the fair market value of the shares on the date the
option is granted, or, if pursuant to a stock purchase plan, 85 percent of the
fair market value of the shares on the date the purchase price is fixed,
pursuant to the terms of [an officer-employee
stock purchase plan]a plan for the
purchase of stock by officers and employees which has been adopted by
the board of directors of the bank and approved by the holders of at least
two-thirds of the particular class or classes of stock entitled to vote on [such]the proposal
and by the administrator. In no event may the option to purchase such shares be
for a consideration less than the par value thereof.

[2. Stock
options issued pursuant to subsection 1 must qualify as restricted stock
options under the Internal Revenue Code of 1954, and corresponding provisions
of subsequent United States law.]

Sec. 10. NRS 662.186 is
hereby amended to read as follows:

662.186 1. Each bank doing
business under the laws of this state shall have on hand, in cash, at least the
sum of money determined by the administrator as necessary to meet the operating
requirements of the bank and at least a required sum consisting of demand
balances due from good and solvent banks . [, selected from time to time with the approval of the
administrator.]

2. Any bank organized under the laws of
this state shall carry or maintain as a reserve at least that amount of money
which is required under the terms of the Federal Reserve Act.

Sec. 11. NRS 663.085 is
hereby amended to read as follows:

663.085 1. If the rental due
on a safe-deposit box has not been paid for 90 days, the lessor may send a
notice by registered or certified mail to the last known address of the lessee
stating that the safe-deposit box will be opened and its contents stored at the
expense of the lessee unless payment of the rental is made within 30 days. If
the rental is not paid within 30 days from the mailing of the notice, the box
may be opened in the presence of any officer of the lessor and a notary public.
The contents [shall]must be sealed in a package by the notary public, who
shall write on the outside the name of the lessee and the date of the opening
in the presence of the officer. The notary public and the officer shall execute
a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents.

opening of the box and a list of its contents. The
certificate [shall]must be included in the package and a copy of the
certificate [shall]must be sent by registered or certified mail to the
last known address of the lessee. The package [shall]must then be placed in the general vaults of the
lessor at a rental not exceeding the rental previously charged for the box.

2. [Any
documents or writings of a private nature, having little or no apparent value,
need not be offered for sale, but [shall]must be retained, unless claimed
by the owner, for [the period of]6
months, after which they may be destroyed.

3.] If the
contents of the safe-deposit box have not been claimed within 6 months of the
mailing of the certificate, the lessor may send a further notice to the last
known address of the lessee stating that, unless the accumulated charges are
paid within 30 days, the contents of the box will be sold at public or private
sale at a specified time and place, or, in the case of securities listed on a
stock exchange, will be sold upon the exchange on or after a specified date . [and that unsalable
items will be destroyed.] The time, place and manner of sale [shall]must also
be posted conspicuously on the premises of the lessor and advertised once in a
newspaper of general circulation in the community. [If]Except as otherwise provided in subsection 3, if the
articles are not claimed, they may then be sold in accordance with the notice.

3. Any document
which has legal significance, such as a will, deed, mortgage, policy of
insurance, certificate of birth, marriage or death, contract or evidence of
debt, must not be sold or destroyed by the lessor sooner than 8 years after the
box is opened pursuant to subsection 1. Any other documents or writings of a
private nature, if they have little or no apparent value, need not be offered
for sale, but must be retained, unless claimed by the owner, for 6 months,
after which they may be destroyed.

4. The balance of the proceeds, after
deducting accumulated charges, including the expense of advertising and
conducting the sale, together with any money discovered in the box [shall]must be
deposited to the credit of the lessee in any account maintained by him, or if
none, [shall]must be deposited in a
deposit account with the bank operating the safe-deposit facility, or in the
case of a subsidiary safe-deposit company, a bank owning stock therein, and [shall]must be
identified on the books of the bank as arising from the sale of contents of a
safe-deposit box. [Any items remaining unsold may
be destroyed.]

Sec. 12. This section and
section 7 of this act become effective upon passage and approval.

________

κ1985
Statutes of Nevada, Page 741κ

CHAPTER 236, AB 513

Assembly Bill No.
513Assemblyman Stone (by request)

CHAPTER 236

AN ACT relating to judgments; extending
the period of a lien on a judgment entered by a justices court; and providing
other matters properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 68.040 is
hereby amended to read as follows:

68.040 A judgment rendered in a justices
court creates no lien upon any lands of the defendant, unless [such] an abstract is filed in the office
of the county recorder of the county in which the
lands are situated. When so filed, and from the time of filing, the judgment
becomes a lien upon all the real property of the judgment debtor, not exempt
from execution, in [such]the county, owned by him at the time, or which he [may afterwards, and]acquires before the lien expires . [, acquire.]
The lien continues for [2]6 years, unless the judgment [be]is previously satisfied.

________

CHAPTER 237, AB 444

Assembly Bill No.
444Committee on Taxation

CHAPTER 237

AN ACT relating to animals; prescribing the
procedure for the assessment and collection of special livestock and sheep
taxes; and providing other matters properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 575 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 18, inclusive, of this act.

Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless
the context otherwise requires:

1. Board means
the state board of sheep commissioners.

2. Department
means the state department of agriculture.

3. Livestock
means the animals subject to the taxes levied pursuant to NRS 571.035 and
575.070.

4. Sheep means
the animals subject to the taxes levied pursuant to NRS 562.170 and 567.110.

5. Tax means any
of the taxes levied pursuant to NRS 562.170, 567.110, 571.035 and 575.070.

Sec. 3. 1. There is hereby created in each county a
committee for assessing livestock composed of:

(a) Two persons who own
livestock in the county and who are appointed by the state board of
agriculture;

(b) One person who owns
sheep in the county and who is appointed by the board or, if there is no owner
of sheep in the county, another person who owns livestock in the county who is
appointed by the state board of agriculture;

(c) A brand inspector who
is designated by the director of the department; and

(d) The county assessor
or a person designated by him.

2. Except as
otherwise provided in this subsection, the term of each member is 2 years, and
any vacancy must be filled by appointment for the unexpired term. The term of
the county assessor expires upon the expiration of the term of his office. A
person designated by the county assessor serves at the pleasure of the county
assessor. The brand inspector serves at the pleasure of the director of the
department.

3. While engaged
in official business of the committee for assessing livestock, each member of
the committee is entitled to:

(a) A salary not
exceeding $60 per day for attending meetings or performing other official
business, to be paid from any money available to the department.

(b) The per diem
allowance and travel expenses fixed for state officers and employees.

Sec. 4. Except as other provisions are made for their assessment, the
county assessors and county treasurers of the various counties shall assess and
collect the taxes and related penalties for livestock and sheep which are
billed:

1. On the
unsecured roll in the same manner as taxes and penalties on personal property
are assessed and collected.

2. On the secured
roll in the same manner as taxes and penalties on real property are assessed
and collected, except that the amount of annual tax due may be billed and
declared due at the time regularly scheduled for the first quarterly payment.

Sec. 5. For the purposes of sections 2 to 18, inclusive, of this act, livestock
and sheep subject to taxation shall be deemed to be located in the county where
the owner of the livestock or sheep has his principal place of livestock or
sheep business in this state.

Sec. 6. 1. The department shall prepare a form for declaration
of livestock and sheep on which an owner of livestock or sheep shall declare
the average number, kind and classification of all livestock and sheep in the
state owned by him during the year immediately preceding the date the
declaration is made.

2. Before May 6 of
each year, the department shall distribute the form for declaration to all the
county assessors.

Sec. 7. 1. The county assessor shall mail the form for
declaration to each owner of livestock or sheep listed in his most current
report of such owners. He may include the form with any other mailing sent by
him to that owner.

2. An owner of
livestock or sheep who fails to complete and return the form for declaration
within 30 days after the date it was mailed to him is subject to a penalty of
$5 assessed by the committee.

Sec. 8. The county assessor shall forward to the committee for
assessing livestock all of the completed forms for declaration of livestock and
sheep received by him and a copy of his most current report of owners of
livestock and sheep. This report may show a parcel number and must include the
name and address of each owner and the number, kind and classification of the
livestock and sheep belonging to each owner.

Sec. 9. 1. Upon receipt of the forms for declaration of
livestock and sheep and the report of owners of livestock and sheep from the
county assessor, the committee for assessing livestock shall:

(a) Make an estimate of
the number, kind and classification of all livestock and sheep owned by any
person failing to return the form for declaration of livestock and sheep and
include that information on the report; and

(b) Examine each
completed form for declaration of livestock and sheep and the report to determine
its accuracy, and if there is any evidence that any information is inaccurate
or incomplete, may change and correct any listing as to number, kind,
classification, ownership or location by adding thereto or deducting therefrom
as necessary to make the report complete and accurate.

2. The committee
for assessing livestock may verify the number of livestock or sheep by any
reasonable means, including actual count at any reasonable time.

3. If the
committee for assessing livestock changes the listings on the report of owners
of livestock and sheep for any owner and the listing for that owner does not
conform to the listings on the form for declaration completed by that owner,
the committee shall notify the owner of the change within 15 days after the
change is made. The notification must contain a statement explaining the
owners right to challenge the accuracy of the report made by the committee for
assessing livestock.

Sec. 10. If the committee for assessing livestock determines that the
amount of tax to be collected from an owner of livestock or sheep is less than
the cost of collecting the tax, it may exempt that owner from the tax.

Sec. 11. 1. An owner of sheep or livestock who wishes to
challenge the accuracy of the report as changed by the committee for assessing
livestock may, within 15 days after receiving notice of the change, file a
statement with the committee for assessing livestock for his county specifying the
alleged inaccuracy.

2. Upon receipt of
the statement under subsection 1, the committee for assessing livestock shall
review the allegations and may change what it considers necessary to make the
report accurate and complete. An owner of sheep or livestock, the board, or the
executive director of the department may appeal from any decision of the
committee for assessing livestock to and in the
manner prescribed by the state board of agriculture.

livestock to and in the manner
prescribed by the state board of agriculture.

Sec. 12. 1. When the report of owners of livestock and
sheep is approved by the committee for assessing livestock as complete and
accurate, the approval must be noted on the report. The report must then be
returned to the county assessor and a copy sent to the board, the department
and the Nevada beef council.

2. If, as the
result of a challenge of the accuracy of the report, any change is ordered in
the report of owners of livestock and sheep after it has been approved by the
committee for assessing livestock, the county assessor, the board, the
department and the Nevada beef council must be notified of the change.

Sec. 13. Using the tax levies from the board, the department and the
Nevada beef council, the county assessor, auditor or treasurer shall calculate
the total taxes due from each owner of livestock or sheep based on the report
of owners of livestock or sheep approved by the committee for assessing
livestock.

Sec. 14. The county treasurer or the assessor shall mail to each owner
of livestock or sheep a bill for the total taxes due from that owner. The
billing may be made from the secured or unsecured tax roll. The bill may be
included with any other tax bill sent by the county assessor or treasurer to
that owner. Failure to receive a tax bill does not excuse the taxpayer from the
timely payment of his taxes.

Sec. 15. (Deleted by
amendment.)

Sec. 16. Whenever any taxes or penalties for delinquencies pursuant to
section 7 of this act are paid to the county treasurer, he shall record the
payment and the date thereof with the name of the person liable for the taxes
and the penalty and the amount of tax and penalty collected pursuant to NRS
562.170, 567.110, 571.035 and 575.070 and section 7 of this act and transmit
the revenue thereof to the state controller for deposit into the appropriate
fund in the state treasury.

Sec. 17. Any taxes delinquent must be reported by the county assessor
or county treasurer to the:

1. Department if
the taxes were levied pursuant to NRS 571.035 and 575.070; or

2. Board if the
taxes were levied pursuant to NRS 562.170 and 567.110.

Sec. 18. A brand inspection clearance certificate described in NRS
565.120 or a certificate or bill of health described in NRS 562.460 may not be
issued for the movement of any sheep or livestock owned by a person delinquent
in the payment of a tax. The department may collect any delinquent tax and the
penalty thereon at the time of a brand or health inspection. The appropriate
county authority must be notified if the tax is so collected.

Sec. 19. NRS 575.070 is
hereby amended to read as follows:

575.070 1. [The]Upon receipt
of the reports from the committee for assessing livestock pursuant to section
12 of this act, the Nevada beef council shall fix a special tax, to be
known as the [beef promotion tax,] tax to promote beef, on all cattle except calves that
have not been weaned, the rate of which must not exceed 50 cents per head.

tax,]tax to promote beef, on all cattle except calves that
have not been weaned, the rate of which must not exceed 50 cents per head. The
council shall send notice of the rate of this tax to the [department of taxation and to each board of county
commissioners before the annual levy of taxes, and the board shall include this
tax at the rate fixed by the Nevada beef council. The tax must be collected in
the same manner as other taxes are collected, and]county assessor or treasurer of each county on or before the
first Monday in May of each year. The tax must be deposited [with]in the
state treasury for credit to the [Nevada beef
promotion fund.]fund for the promotion of
beef.

2. During the month of April, any person
who has paid the special tax levied pursuant to this section may file a claim
for refund with the state department of agriculture, accompanied by a receipt
showing the payment. Upon verification of the claim, the department shall
transmit it to the state controller for payment from the [Nevada beef promotion fund.]fund for the promotion of beef.

Sec. 20. NRS 561.407 is
hereby amended to read as follows:

561.407 1. The [Nevada beef promotion] fund for the promotion of beef is hereby created as an
agency fund in the state treasury. The proceeds of the special tax on cattle
levied pursuant to NRS 575.070 must be deposited in this fund and all refunds
made pursuant to NRS 575.070 must be paid from the fund.

2. The interest and income earned on the
money in the [Nevada beef promotion fund,]fund for the promotion of beef, after deducting
any applicable charges, must be credited to the fund.

3. After all refunds are made, the state
controller shall draw warrants to distribute the amount remaining in the fund
as follows:

(a) Eighty percent to the Beef Industry Council,
transmitted through the executive director; and

(b) Twenty percent to the account of the Nevada
beef council in the [Nevada beef promotion fund.]fund for the promotion of beef.

Sec. 21. NRS 562.160 is
hereby amended to read as follows:

562.160 [The]Upon receipt of the reports from the committee for
assessing livestock pursuant to section 12 of this act, the board shall
fix the rate to be levied each year as provided for in NRS 562.170 and shall
send notice of [the same]it to the [boards of
county commissioners of the several counties on or before August 5 of each
year.]county assessor or treasurer of
each county on or before the first Monday in May of each year.

Sec. 22. NRS 562.170 is
hereby amended to read as follows:

562.170 1. The [boards of county commissioners of the several
counties, at the time of their annual levy of taxes, must levy the]
rate of tax fixed by the board, as provided for in NRS 562.160, must not [to]
exceed the equivalent of 18 cents per head on all sheep.

2. The tax paid by
an owner of sheep must be [collected as
other taxes are collected and] deposited in the state treasury
for credit to the sheep inspection fund which is hereby created as a special
revenue fund. The sheep inspection fund must be made available and disbursed by the proper state officials upon request of the board for the
purposes provided for in this chapter.

567.110 1. [The]Upon receipt
of the reports from the committee for assessing livestock pursuant to section
12 of this act, the state board of sheep commissioners, acting as the [state woolgrowers predatory animal committee,]committee to control predatory animals, may [make]levy an
annual special tax [levy] of not to
exceed the equivalent of 20 cents per head on all sheep and goats.

2. The special tax [levy] is designated as the [woolgrowers predatory animal control levy. The special
tax must be levied and collected as are other property taxes by the tax-levying
and tax-collecting authorities of the various counties for the tax year
following receipt of notice of the special levy from the board by the county
taxing authorities.]tax for control of
predatory animals.

3. The notice must be sent by the board
to the [boards of county commissioners of the
several counties on or before September 15 of each year.]county assessor or treasurer of each county on or before the
first Monday in May of each year.

Sec. 25. NRS 567.120 is
hereby amended to read as follows:

567.120 As collected, the money derived
from the special levy authorized by NRS 567.110 must be deposited by the proper
county [official]officer in the state treasury for credit to the [woolgrowers predatory animal control] fund
for control of predatory animals which is hereby
created as a special revenue fund, subject only to the orders of the board.

Sec. 26. NRS 567.130 is
hereby amended to read as follows:

567.130 1. The board, acting
as the committee, [is empowered and authorized in
behalf of the sheep-raising industry of Nevada:

(a) To enter]may:

(a) Enter into
cooperative agreements with the Fish and Wildlife Service of the United States
Department of the Interior in its program of predatory animal control.

(b) [To contribute
moneys]Contribute money to aid the
program from the [woolgrowers predatory animal
control] fund for control of predatory
animals in accordance with the terms of such cooperative agreements and
within the limitations of the [woolgrowers
predatory animal control fund.]fund for
control of predatory animals.

2. The board may draw upon the [woolgrowers predatory animal control] fund
for control of predatory animals for this purpose
only and the sums so drawn [shall]must be made available from the fund by the proper
authorities of the state in the amounts and for the purposes for which they are
drawn.

567.150 In the case of any [fur sale] proceeds from the sale of furs received by the board from the
Fish and Wildlife Service of the United States Department of the Interior or
any other contributions which may be received by the board for aiding in [predatory animal control work,]control of predatory animals, the amounts concerned [shall]must be
deposited by the board in the [woolgrowers
predatory animal control fund,]fund for
the control of predatory animals, becoming a part thereof and subject to
the provisions of NRS 567.100 to 567.170, inclusive.

Sec. 28. NRS 571.035 is
hereby amended to read as follows:

571.035 1. [From the statements submitted to him by owners of
livestock, the county assessor of each county shall prepare a statement showing
the total number of stock cattle, milk cows, bulls, horses, mules, burros,
asses, stallions, jacks, hogs, pigs, goats and poultry in his county and the
ownership and location of such livestock, and shall forward the statement to
the department.

2.] Upon receipt
of the [statement]reports from the [county
assessor,]committee for assessing
livestock pursuant to section 12 of this act, the department shall fix
the amount of the annual special tax on each head of the following specified
classes of livestock, and not exceeding the following rates per head for each
class:

(a) Dairy cattle are
bulls, cows and heifers of the dairy breeds, more than 6 months old.

(b) Stock cattle are:

(1) Steers of any
breed and other weaned calves of the beef breeds, more than 6 months old; and

(2) Bulls, cows
and older heifers of the beef breeds.

(c) The classes
consisting of horses, mules, and burros and asses exclude animals less than 1
year old.

3. The department shall send notice of
the special tax on each head of the specified classes of livestock to the [department of taxation and the board of county
commissioners of each county before the annual levy
of taxes by the board, and, when so notified, the board shall, at the time of
the annual levy of taxes, levy the special taxes fixed by the department.]

levy of taxes by the board, and, when
so notified, the board shall, at the time of the annual levy of taxes, levy the
special taxes fixed by the department.]county
assessor or treasurer of each county on or before the first Monday in May of
each year.

4. Upon the receipt of any such tax and
the report thereof by the state controller, the department shall credit the
amount of the tax as paid on its records. [Any
uncollected tax must, annually, be reconciled with each countys tax roll.]

5. The special taxes [must be collected as other taxes, and]paid by an owner of livestock, when transmitted to the
state treasurer, [who shall deposit the taxes]must be deposited in the livestock inspection
fund.

Sec. 29. NRS 202.550 is
hereby amended to read as follows:

202.550 1. It [shall be]is unlawful
for any person to place any lethal bait on the public domain:

(a) Within 3 miles of any place of habitation,
whether occupied or vacant; or

(b) At any other place unless [the same be]it
is marked by a steel or wooden post extending not less than 4 feet above
the ground, having the uppermost 8 inches painted red and bearing a suitable
sign advising of the presence of lethal bait. The post [shall]must be installed in the immediate vicinity of
the bait, and the post and sign [shall]must be maintained at all times during which the
lethal bait is exposed; or

(c) At any place by distribution from an
airplane except upon written permit first obtained from the [state woolgrowers predatory animal committee.]committee to control predatory animals.

2. Any person violating any provision of
subsection 1 [shall be]is guilty of a misdemeanor.

3. Every person other than the person who
placed the bait, post or sign, who [shall
willfully remove]willfully removes any
lethal bait, or post or sign advising of the presence of any lethal bait, [shall be]is guilty
of a misdemeanor.

Sec. 30. NRS 361.265 is
hereby amended to read as follows:

361.265 1. For the purpose
of enabling the county assessor to make assessments, he shall demand from each
person or firm, and from the president, cashier, treasurer or managing agent of
each corporation, association or company, including all banking institutions,
associations or firms within his county, a written statement, signed under
penalty of perjury, on forms to be furnished by the county assessor of all the
personal property within the county, owned, claimed, possessed, controlled or
managed by those persons, firms, corporations, associations or companies.

2. If the owners of any taxable property
not listed by another person are absent or unknown, or fail to provide the
written statement within 15 days after demand is made therefor, the county
assessor shall make an estimate of the value of the property and assess it
accordingly. If the name of the absent owner is known to the county assessor,
the property must be assessed in his name. If the name of the owner is unknown
to the county assessor, the property must be assessed to
unknown owner; but no mistake made in the name of the owner or the supposed
owner of personal property renders the assessment or any sale of such property
for taxes invalid.

the county assessor, the property must be assessed to
unknown owner; but no mistake made in the name of the owner or the supposed
owner of personal property renders the assessment or any sale of such property
for taxes invalid.

3. At the end of each month the county
assessor shall report to the district attorney of the county the names of all
persons neglecting or refusing to give the statement as required by this
section, and the district attorney shall prosecute all persons so offending.

4. If any person, officer or agent
neglects or refuses on demand of the county assessor or his deputy to give the
statement required by this section, or gives a false name, or refuses to give
his name or to sign the statement, he is guilty of a misdemeanor and must be
arrested upon the complaint of the county assessor or his deputy.

[5. The
provisions of this section apply to owners of livestock or colonies of bees
only for the purpose of determining the total number of livestock and colonies of
bees in each county in order to collect the special taxes levied pursuant to
NRS 571.035 and 575.070.]

Sec. 31. NRS 361.247 and
562.180 are hereby repealed.

Sec. 32. This act becomes
effective upon passage and approval.

________

CHAPTER 238, AB 75

Assembly Bill No.
75Committee on Judiciary

CHAPTER 238

AN ACT relating to vagrancy; limiting the
identification that may be required; supplying upper limits for the punishment
of a second or subsequent violation; and providing other matters properly relating
thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 207.030 is
hereby amended to read as follows:

207.030 1. Every person who:

(a) Solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open to the
public or exposed to public view;

(b) Solicits any act of prostitution;

(c) Is a pimp, panderer or procurer or lives in
or about houses of prostitution;

(d) Accosts other persons in any public place or
in any place open to the public for the purpose of begging or soliciting alms;

(e) Goes from house to house begging food, money
or other articles, or seeks admission to [such]
houses upon frivolous pretexts for no other apparent motive than to see who may
be therein, or to gain an insight of the premises;

(g) Loiters in or about any toilet open to the
public for the purpose of engaging in or soliciting any lewd or lascivious or
any unlawful act;

(h) Loiters or wanders upon the streets or from
place to place without apparent reason or business and who refuses to [identify himself]state his name and to account for his presence when
requested by any peace officer so to do, if the surrounding circumstances are
such as to indicate to a reasonable man that the public safety demands the
identification;

(i) Loiters, prowls or wanders upon the private
property of another, in the nighttime, without visible or lawful business with
the owner or occupant thereof, or who, while loitering, prowling or wandering
upon the private property of another, in the nighttime, peeks in the door or
window of any inhabited building or structure located thereon, without visible or
lawful business with the owner or occupant thereof; or

(j) Lodges in any building, structure or place,
whether public or private, without the permission of the owner or person
entitled to the possession or in control thereof,

is a vagrant.

2. Every vagrant shall be punished:

(a) For the first violation of paragraph (a),
(b) or (c) of subsection 1 and for each subsequent violation of the same
paragraph occurring more than 3 years after the first violation, for a
misdemeanor.

(b) For the second violation of paragraph (a),
(b) or (c) of subsection 1 within 3 years after the first violation of the same
paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than
$250[.] nor more than $1,000.

(c) For the third or subsequent violation of
paragraph (a), (b) or (c) of subsection 1 within 3 years after the first
violation of the same paragraph, by imprisonment in the county jail for 6
months and by a fine of not less than $250 [.]nor more than $1,000.

(d) For a violation of any provision of
paragraphs (d) to (j), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed
by subsection 2 must be imposed to run consecutively.

AN ACT relating to devices for protection
from fire; increasing the penalty for the theft of such a device; and providing
other matters properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 475 of
NRS is hereby amended by adding thereto a new section to read as follows:

A person who steals a device
intended for use in preventing, controlling, extinguishing or giving warning of
a fire:

1. If the device
has a value of less than $100, is guilty of a gross misdemeanor.

2. If the device
has a value of $100 or more, is guilty of grand larceny, and shall be punished
by imprisonment in the state prison for not less than 1 year nor more than 10
years and may be further punished by a fine of not more than $10,000.

Sec. 2. NRS 205.240 is
hereby amended to read as follows:

205.240 [Every]Except as provided in section 1 of this act, a person
who:

1. Steals, takes and carries, leads or
drives away the personal goods or property of another, under the value of $100;
or

2. Steals, takes and carries, leads,
drives or entices away one or more domestic animals or poultry having an
aggregate value under $100, except those described in subparagraph (1) of
paragraph (a) of subsection 1 of NRS 205.225,

commits petit larceny and is guilty of a misdemeanor.

________

CHAPTER 240, SB 224

Senate Bill No.
224Committee on Government Affairs

CHAPTER 240

AN ACT relating to state land; authorizing
conveyance of parcel in Laughlin to Clark County; authorizing conveyance of a
parcel to the department of transportation for transfer to Storey County; and providing
other matters properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
state land registrar, on behalf of the State of Nevada may convey to Clark
County, all of the right, title and interest of the State
of Nevada in the parcel of land described in subsection 2 in exchange for:

of the State of Nevada in the parcel of land described in
subsection 2 in exchange for:

(a) At least 250 square feet of space in offices
on the conveyed land to be used by the department of wildlife;

(b) A foundation for a house of no more than
1,000 square feet or a mobile home of no more than two widths, and the
capability to install electricity, water, sewage and telephone facilities;

(c) Storage of vehicles and other equipment of
the department of wildlife in an area on the conveyed land specifically
designated for that purpose, among others;

(d) Reasonable use by the department of wildlife
of any facility of the county on the conveyed land which provides fuel for
motor vehicles, subject to reimbursement for the cost of the fuel;

(e) Use by employees of the department of
wildlife of a reasonable number of transient sleeping accommodations constructed
by the county on the conveyed land, if the department pays for utilities,
repairs and maintenance; and

(f) An easement, to provide access to lots 8 and
13 of the section described in subsection 2, at least 80 feet wide on a
gradient of no more than 8 percent.

2. The parcel which may be conveyed by
the state is described as follows: Government Lots 14, 15 and that portion of
Lot 16 lying west of the easterly right of way line of Casino Drive, located in
section 12, T. 32 S., R. 66 E., M.D.B. & M., Clark County, Nevada,
containing 81.32 acres more or less.

Sec. 2. The state land
registrar, on behalf of the State of Nevada, may convey to the department of
transportation, for transfer to Storey County, all of the right, title and
interest of the State of Nevada in the parcel of land in Storey County
described as follows:

Being part of Lot Numbers 1, 2 and
all of Lot Number 3, in Block 26, Range C, as conveyed to the State of Nevada
by deed dated August 27, 1937, and recorded in book 61, at page 451 of Deeds of
Storey County, Nevada, on September 1, 1937, and as described on the official
map of Virginia City, and recorded in Virginia City in the office of the county
recorder of Storey County.

AN ACT relating to the National Guard;
prohibiting an employer from terminating the employment of a member because he
is ordered to active duty; permitting the rental of armories to nonmembers;
permitting retired and honorably discharged members to retain special license
plates for their motor vehicles; providing penalties; and providing other matters
properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 412 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2,
3 and 4 of this act.

Sec. 2. 1. An employer may not terminate the employment
of a member of the Nevada National Guard because the member is ordered to active
service or duty pursuant to NRS 412.122 or 412.124.

2. Any employer
who violates subsection 1 is guilty of a misdemeanor.

Sec. 3. 1. Any member of the Nevada National Guard who
believes his employment was terminated in violation of section 2 of this act
may, within 60 days after receiving a notice of termination, request a hearing
before the labor commissioner to determine if his employment was so terminated.

2. The department
shall supply the member with all forms needed to request such a hearing. The
labor commissioner shall conduct the hearing in the manner provided in NRS
607.205 to 607.220, inclusive.

Sec. 4. If the employment of a member of the Nevada National Guard is
found to have been terminated as a result of the member being ordered to active
service or duty pursuant to NRS 412.122 or 412.124, the member is entitled to
be immediately reinstated to his position without loss of seniority or
benefits, and to receive all wages and benefits lost as a result of the
termination.

Sec. 5. NRS 412.034 is
hereby amended to read as follows:

412.034 The governor [, by virtue of his office,] is the
commander in chief of the militia of the state, and may issue regulations for
the government of the militia. In issuing [such]the regulations, the governor may give
consideration to the laws and regulations of the United States relating to the
organization, discipline and training of the militia, to the provisions of this
chapter and to the laws and regulations governing the United States Army and United
States Air Force. [The military rules and
regulations in force on July 1, 1967, shall remain in force until new rules and
regulations are approved and promulgated.]

412.048 The adjutant general shall serve
as the chief of staff to the governor, the director of the department of the
military and the commander of the Nevada National Guard, and:

1. Is responsible, under the direction of
the governor, for the supervision of all matters pertaining to the
administration, discipline, mobilization, organization and training of the
Nevada National Guard, Nevada National Guard Reserve and volunteer
organizations licensed by the governor.

2. Shall perform all duties required of
him by the laws of the United States and of the State of Nevada, and the
regulations issued thereunder.

3. Shall employ such deputies, assistants
and other personnel as he deems necessary to assist him in the performance of
those duties required of him as director of the department. He may [, in his discretion,] so employ either
members of the Nevada National Guard or civilian personnel. The duties of all
deputies, assistants and other personnel appointed must be prescribed by
department regulations. All such employees are in the unclassified service of the state except civilian , clerical
, administrative, maintenance and custodial
employees [.]who are in the classified service of the state.

Sec. 7. NRS 412.052 is
hereby amended to read as follows:

412.052 The adjutant general:

1. Shall supervise the preparation and
submission of all returns and reports pertaining to the militia of the state
required by the United States.

2. Is the channel of official military
correspondence with the governor, and, on or before November 1 of each
even-numbered year, shall report to the governor the transactions, expenditures
and condition of the Nevada National Guard. The report must include the report
of the United States Property and Fiscal Officer.

3. Is the custodian of records of
officers and enlisted personnel and all other records and papers required by
law or regulations to be filed in his office. He may deposit with the division
of archives and records of the state library and archives for safekeeping
records of his office that are used for historical purposes rather than the
administrative purposes assigned to his office by law.

4. Shall attest all military commissions
issued and keep a roll of all commissioned officers, with dates of commission
and all changes occurring in the commissioned forces.

5. Shall record, authenticate and
communicate to units and members of the militia all orders, instructions and
regulations.

6. Shall cause to be procured, printed
and circulated to those concerned all books, blank forms, laws, regulations or
other publications governing the militia [needful]necessary to the proper administration, operation
and training of it or to carry [into effect]out the provisions of this chapter.

7. Shall keep an appropriate seal of
office and affix its impression to all certificates of record issued from his
office.

8. Shall render such professional aid and
assistance and perform such military duties, not otherwise assigned, as may be
ordered by the governor.

[9. In time
of peace, shall perform the duties of quartermaster general and chief of
ordnance.]

Sec. 8. NRS 412.102 is
hereby amended to read as follows:

412.102 1. The department
shall provide and maintain armories suitable for [drill
purposes]conducting drills and the
safekeeping of federal military property, with light, water and heat, for the
units of the Nevada National Guard organized in the several counties of the
state.

2. The expenses of procuring and
maintaining [such]the armories, and the monthly allowance to cover
incidental expenses which may be incurred by each unit [shall], must be paid from the appropriation for the
support of the Nevada National Guard.

[3. Rental
expenses shall, in no instance, exceed the sum of $750 per month, which shall
include light, water and heat. An additional allowance of not to exceed $25
monthly shall be made to cover unit incidental expenses.

4. All claims for
rentals and incidental expenses shall be rendered in quadruplicate. The
original and two copies, as approved by the unit commander, shall be forwarded
to the department. The quadruplicate copy shall be retained in the unit files.
Such claims shall be paid as provided by NRS 412.082.]

Sec. 9. NRS 412.106 is
hereby amended to read as follows:

412.106 [1.]
Armories may be used by members and units of the Nevada National Guard [in accordance with department regulations issued
pursuant to this chapter.

2. Armories may be
used by any veterans organizations and their auxiliaries located in the city,
town or community where the armory is located, when such use will not interfere
with the use of the facilities by the Nevada National Guard or result in risk
to federal or state property, and upon condition that the organization makes a
written request therefor and pays for heat, lights, janitor service and other
expense required by such use.

3. Armories may be
used by any federal, state, county and municipal bureau, agency or department
or by the Armed Forces of the United States or by the reserve components
thereof for their official business, when such use does not interfere with the
members and units of the Nevada National Guard stationed in such armory, and
when such use is approved by the officer in charge thereof and by his military
superiors as prescribed by department regulations issued pursuant to this
chapter.

4. Armories may be
rented for use by a person, firm, association or corporation, not specified
elsewhere in this section, for such purposes and upon such terms as may be
approved by the officer in charge of the armory
and by his military superiors as prescribed by department regulations issued
pursuant to this chapter and when such use will not, and only so long as such
use does not, interfere with the use of the armory by the members and units of
the Nevada National Guard stationed therein.]

armory and by his military superiors
as prescribed by department regulations issued pursuant to this chapter and
when such use will not, and only so long as such use does not, interfere with
the use of the armory by the members and units of the Nevada National Guard
stationed therein.], veterans
organizations, any federal, state or local governmental entity or any other
person, firm, corporation or association, if the use:

1. Does not
interfere with the use of the facilities by the Nevada National Guard;

2. Does not result
in the risk of harm to state or federal property; and

3. Is in
accordance with department regulations issued pursuant to this chapter.

Sec. 10. NRS 412.108 is
hereby amended to read as follows:

412.108 1. The person, firm,
association or corporation applying for the rental of an armory or space within
an armory [shall]must execute and deliver a written agreement which must
include among its provisions his or its full name and address, the purpose for
which its use is desired, the nature and manner of the intended use of the
space, a reasonable rental to be paid for [such]that use and the amounts to be paid for heating,
lighting, janitorial and other services connected with its use. The terms and
provisions of the agreement must be governed by department regulations issued
pursuant to this chapter, which regulations must include provisions designed to
prevent unfair competition with privately owned property and business.

2. No agreement for use made under this
section is effective until the agreement or lease has been approved and
executed by the officer in charge of the armory or his
authorized representative, and has been approved by his military
superiors as prescribed by department regulations issued pursuant to this
chapter.

3. No agreement or lease made under this
section may be assigned in whole or in part nor may space be sublet to or used
by a person, firm, association or corporation not a party to [such]the agreement,
unless each assignment, subletting or use is first approved in writing by the
officer in charge of the armory [.]or his authorized representative.

4. All money paid or given, directly or
indirectly, for the [use]rental of an armory or to obtain an agreement or
permission to use the armory [shall be]are use fees within the meaning of this section
and must be paid to the officer in charge of the armory [.]or his authorized representative. Any person
other than the officer in charge of the armory or his
authorized representative who receives [any
such]that money shall immediately
pay over the money to the officer in charge of the armory [,]or his
authorized representative, who shall immediately forward one-half of the
money to the office of the adjutant general to be placed in a special revenue
fund entitled the adjutant generals special armory fund, to be used by the
department for necessary repairs and improvements of state armories and [arsenals]construction
of new facilities in the manner prescribed by department regulations.
The remainder of the money must be placed in an armory
account to be kept by the officer in charge of the armory or his authorized
representative, and used for military activities [,] and affairs and to further
[community relations within] relations with the community in which the armory
is located.

remainder of the money must be placed in an armory account
to be kept by the officer in charge of the armory or his
authorized representative, and used for military activities [,]and affairs
and to further [community relations within]relations with the community in which the armory
is located. These expenditures must be made according to department regulations
and must be approved by a board of three [officers]persons appointed by the adjutant general.

5. When the use
of an armory is by a federal, state, county or municipal bureau, agency or
department or by any of the Armed Forces of the United States or any of the
reserve components thereof, or by any unit of the reserve
officers training corps , [unit,]
the adjutant general [, in his discretion,]
may require the execution of a contract or agreement for [such]that use,
upon such terms and conditions as he may prescribe.

Sec. 11. NRS 412.124 is
hereby amended to read as follows:

412.124 1. The adjutant
general, with the approval of the governor, may order members of the Nevada
National Guard to active duty. Members, while on active duty, are entitled to
receive the pay and allowances of their corresponding grades in the Armed
Forces of the United States, but in no case may the pay and allowances be less
than $50 per day.

2. Members of the Nevada National Guard
serving on courts-martial, courts of inquiry, efficiency boards, medical boards
or other special duty requiring absence from their stations or business under
competent orders may be reimbursed for necessary expenses incurred at the rate
established for state employees by NRS 281.160.

3. In lieu of other provisions of this
chapter, [a medical examiner may be paid]such amounts as are approved by the governor may be paid
to a medical examiner for his services and necessary disbursements and to a properly appointed judge advocate [may be paid] for legal services and necessary
disbursements in any suit, action or proceeding . [such amounts as are approved by the governor.]

4. Members of the Nevada National Guard
may not receive from the state the pay or the pay and allowances provided [for] by this section when they are eligible for similar pay and allowances from
federal funds.

5. Members of the Nevada National Guard
may with their consent perform without pay or without pay and allowances in parades or ceremonial events, or any of the types of
military duty prescribed in this chapter pursuant to orders issued by competent
military authority . [;
but necessary]Necessary traveling
expenses, subsistence and per diem allowances may be furnished the members
within the discretion of the adjutant general and within the amount
appropriated therefor.

6. All pay and allowances provided [for] by this chapter, except per diem [,]allowances, mileage
and expenses while traveling under orders , are
subject to be applied to the payment of penalties and fines imposed by military
courts, and to the payment of any shortage of [or
injury to state or United States property or funds]funds or for injury to state or federal
property for which a member of the Nevada National Guard is responsible or
accountable where the responsibility has been fixed by competent authority.

federal property for which a
member of the Nevada National Guard is responsible or accountable where the
responsibility has been fixed by competent authority.

Sec. 12. NRS 412.254 is
hereby amended to read as follows:

412.254 The following persons who are not
in federal service are subject to this code:

1. Members of the Nevada National Guard [.], whether or
not they are in training pursuant to 32 U.S.C. §§
501 to 507, inclusive.

2. All other persons lawfully ordered to
duty in or with the Nevada National Guard, from the dates they are required by
the terms of the order or other directive to obey [the
same.]it.

Sec. 13. NRS 412.264 is
hereby amended to read as follows:

412.264 1. The [governor, on the recommendation of the] adjutant
general [,] shall appoint an
officer of the Nevada National Guard as state judge advocate. To be eligible
for appointment, an officer must [be]have been licensed to practice law in the State
of Nevada [, and must have been so licensed]
for at least 5 years [.]and must be qualified to act as a military judge advocate. The
state judge advocate serves at the pleasure of the adjutant general.

2. The adjutant general may appoint as
many assistant state judge advocates as he deems necessary, [which assistant state judge advocates shall]who must be officers of the Nevada National Guard
and licensed to practice law in the State of Nevada.

3. The state judge advocate or his
assistants shall make frequent inspections in the field [for
supervision of]to supervise the
administration of military justice.

4. Convening authorities shall at all
times communicate directly with their staff judge advocate or legal officers in
matters relating to the administration of military justice . [; and the]The staff judge advocate or legal officer of any
command [is entitled to]may communicate directly with the staff judge advocate
or legal officer of a superior or subordinate command, or with the state judge
advocate.

5. No person who has acted as member,
military judge, trial counsel, assistant trial counsel, defense counsel,
assistant defense counsel or investigating officer, or who has been a witness
for either the prosecution or defense in any case, may later act as staff judge
advocate or legal officer to any reviewing authority upon the same case.

Sec. 14. NRS 412.606 is
hereby amended to read as follows:

412.606 1. No person, firm,
association [or corporation shall,], corporation or state or local governmental entity may,
by any constitution, rule, bylaw, resolution, vote , [or] regulation,
order or other action, discriminate against any
member of the Nevada National Guard because of his membership therein.

2. Any person who willfully aids in
enforcing any such constitution, rule, bylaw, resolution, vote , [or] regulation
, order or other action against any member of the
Nevada National Guard is guilty of a misdemeanor.

482.376 1. An owner of a
motor vehicle who is a resident of this state and is an enlisted or
commissioned member of the Nevada National Guard may, upon [signed] application on a form prescribed
and furnished by the department, signed by the [members]member and his commanding officer and accompanied
by proof of enlistment, be issued license plates upon which is inscribed NATL
GUARD with four consecutive numbers. The applicant shall comply with the [motor vehicle] laws of this state [,]concerning
motor vehicles, including the payment of the regular registration fees,
as prescribed by this chapter. There [must be]is no additional fee for these special plates.

2. Each member may request two sets of
license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a
different number than the first set of license plates issued to the same
member. The license plates may only be used on
private passenger vehicles or noncommercial trucks having an unladen weight of
6,000 pounds or less.

3. [At
least 10 days before a members discharge or retirement from the Nevada
National Guard, the member shall surrender any such]Any member of the Nevada National Guard other than the
adjutant general, who retires or is honorably discharged may retain any license
plates issued to him pursuant to subsection 1. The adjutant general shall
surrender any license plates issued to him as adjutant general to the
department when he leaves office, and may then be issued special license plates
as described in subsection 1. If a member is dishonorably discharged, he shall
surrender any of these special plates in his possession to the
department at least 10 days before his discharge and,
in lieu of [such]those plates, is entitled to receive regular Nevada
license plates.

Sec. 16. NRS 607.205 is
hereby amended to read as follows:

607.205 In aid of his enforcement
responsibilities under the labor laws of the State of Nevada, including but not
limited to NRS 338.030, 607.160, 607.170, 608.270 , [and] chapter 611 of NRS [,]and sections 3
and 4 of this act, the labor commissioner or a person designated from
the commissioners regular staff may conduct hearings and issue decisions
thereon in the manner provided by NRS 607.207.

Sec. 17. Sections 7 and 15
of this act become effective at 12:01 a.m. on July 1, 1985.

________

κ1985
Statutes of Nevada, Page 760κ

CHAPTER 242, AB 13

Assembly Bill No.
13Committee on Government Affairs

CHAPTER 242

AN ACT relating to public employees;
authorizing retired employees to reinstate certain insurance held before
retirement; authorizing certain nonparticipating legislators to elect to be
covered by the states group insurance program; and providing other matters
properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. A
public employee who has retired pursuant to NRS 286.510 or 286.620 or a
contract issued pursuant to NRS 286.802 may reinstate any insurance, except
life insurance, which was provided to him and his dependents at the time of his
retirement under NRS 287.010, 287.020 or 287.0433 as a public employee by:

(a) Giving written notice of his intent to
reinstate the insurance to his last public employer not later than January 31,
1986;

(b) Accepting the public employers current
program or plan of insurance and any subsequent changes thereto; and

(c) Paying any portion of the policys premiums,
in the manner set forth in NRS 286.615, which are due from the date of
reinstatement and not paid by the public employer.

The last public employer shall give the insurer notice of
the reinstatement no later than March 31, 1986. The reinstatement takes effect
on the first day of the month following the date of the notice to the insurer.

2. Reinstatement of insurance excludes
claims for expenses for any condition for which medical advice, treatment or
consultation was rendered within 12 months before reinstatement unless:

(a) The person has not received any medical
advice, treatment or consultation for a period of 6 consecutive months after
the reinstatement; or

(b) The reinstated insurance has been in effect
more than 12 consecutive months.

3. The retired public employee and his
dependents must show evidence of their good health as a condition of the
reinstatement.

Sec. 2. A legislator who has
retired from the service of the state or completed 8 years of service as such
before July 1, 1985, and who, during his term of office, did not participate in
and have his dependents covered by the states group insurance program pursuant
to NRS 287.0433 to 287.049, inclusive, or did not retain his membership may
elect to participate in the program or reinstate his membership by:

1. Giving written notice of his intent to
participate in the program to the committee on group insurance; and

2. Paying the required premium or
contribution for his insurance.

________

κ1985
Statutes of Nevada, Page 761κ

CHAPTER 243, SB 357

Senate Bill No.
357Committee on Judiciary

CHAPTER 243

AN ACT relating to contractors; clarifying
the requirement of publication of notice of action for interpleader against any
claimants on a contractors bond; and providing other matters properly relating
thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 624.273 is
hereby amended to read as follows:

624.273 1. Each bond or
deposit required by NRS 624.270 must be in favor of the State of Nevada for the
benefit of any person who:

(a) As owner of the property to be improved
entered into a construction contract with the contractor and is damaged by
failure of the contractor to perform the contract or to remove liens filed
against the property;

(b) As an employee of the contractor performed
labor on or about the site of the construction covered by the contract;

(c) As a supplier or materialman furnished
materials or equipment for the construction covered by the contract; or

(d) Is injured by any unlawful act or omission
of the contractor in the performance of a contract.

2. Any person claiming against the bond
or [cash] deposit may bring an
action in a court of competent jurisdiction on the bond or against the board on
the [cash] deposit for the amount
of damage he has suffered to the extent covered by the bond or [cash] deposit. A person who brings
action on a bond [must]shall notify the board in writing upon filing the
action. No action may be commenced on the bond or deposit [after the expiration of] 2 years [following]after the
commission of the act on which the action is based.

3. Upon receiving a request from a person
for whose benefit a bond or deposit is required, the board shall notify him [:

(a) That a]that:

(a) A bond is in
effect or that a deposit has been made, and the amount of either;

(b) [That there]There is an action against a bond, if that is the
case, and the [title, court and case]court, the title and number of the action and the
amount sought by the plaintiff; and

(c) [That there]There is an action against the board, if that is
the case, and the amount sought by the plaintiff.

4. If a surety, or in the case of a [cash] deposit, the board, desires to
make payment without awaiting court action , the
amount of the bond or [cash] deposit
must be reduced to the extent of any payment made by the surety or the board in
good faith under the bond or [cash]
deposit. Any payment must be based on written claims received by the surety or
board [prior to]before the court action.

5. The surety or the board may bring an
action for interpleader against all claimants upon the bond or deposit. If it
does so, it must publish notice of the action at least [one
time]once each week for 2 weeks in
[every issue of] a newspaper of
general circulation in the county where the contractor has his principal place
of business. The surety or the board is entitled to deduct its costs of the
action, including attorneys fees and publication, from its liability under the
bond or from the deposit.

6. A claim of any employee of the
contractor for labor is a preferred claim against a bond or [cash] deposit. If any bond or [cash] deposit is insufficient to pay all
claims for labor in full, the sum recovered must be distributed among all
claimants for labor in proportion to the amounts of their respective claims.
Partial payment of claims is not full payment, and the claimants may bring
actions against the contractor for the unpaid balances.

7. Claims, other than [labor claims,]claims
for labor, against a bond or deposit have equal priority, except where
otherwise provided by law, and if the bond or deposit is insufficient to pay
all of those claims in full, they must be paid pro rata. Partial payment of
claims is not full payment, and the claimants may bring actions against the
contractor for the unpaid balances.

AN ACT relating to underground water;
regulating the disposal of liquid wastes by injection through a well; providing
for a system of permits; and providing other matters properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 445 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2,
3 and 4 of this act.

Sec. 2. Contaminant means any physical, chemical, biological or
radiological substance or matter which is added to water.

Sec. 3. The director may:

1. Perform any
acts consistent with the requirements of state and federal legislation
concerning the control of the injection of fluids through a well and the control
of water pollution and conditions thereof relating to participation in and
administration by this state of the National Pollutant Discharge Elimination
System;

2. Advise, consult
and cooperate with other agencies of the state, the Federal Government, other
states, interstate agencies and with other persons
in furthering the purposes of NRS 445.131 to 445.354, inclusive, and sections
2, 3 and 4 of this act;

persons in furthering the purposes of
NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;

3. Take the steps
necessary to qualify for, accept and administer loans and grants from the
Federal Government and from other sources, public or private, for carrying out
any functions under NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4
of this act;

5. Maintain or
require supervisors and operators of treatment plants which are privately owned
or owned by a municipality or other public entity to maintain records and
devices for continuing observation and establish or require these supervisors
and operators to establish procedures for making inspections and obtaining samples
necessary to prepare reports;

6. Collect and
disseminate information to the public as he considers advisable and necessary
for the discharge of his duties under NRS 445.131 to 445.354, inclusive, and
sections 2, 3 and 4 of this act;

7. Hold hearings
and issue subpenas requiring the attendance of witnesses and the production of
evidence as he finds necessary to carry out the provisions of NRS 445.131 to
445.354, inclusive, and sections 2, 3 and 4 of this act;

8. Exercise all
incidental powers necessary to carry out the purposes of NRS 445.131 to
445.354, inclusive, and sections 2, 3 and 4 of this act; and

9. Delegate to the
division any function or authority granted to him under NRS 445.131 to 445.354,
inclusive, and sections 2, 3 and 4 of this act.

Sec. 4. Any regulation concerning injections of fluids through a well
or any permit issued for the purpose of such an injection may not interfere
with or impede the injection of material into a well to facilitate production
of oil or gas or an injection to dispose of brine, water or other fluids which
were brought to the surface in connection with the production of oil or gas, if
the well is used either for facilitating production or for disposal and if the
department determines that this injection or disposal will not result in the
degradation of underground or surface water.

Sec. 5. NRS 445.133 is
hereby amended to read as follows:

445.133 As used in NRS 445.131 to
445.354, inclusive, and sections 2, 3 and 4 of this act,
unless the context otherwise requires, the terms defined in NRS 445.134
to 445.196, inclusive, and section 2 of this act have
the meanings ascribed to them in those sections.

(a) Adopt regulations carrying out the
provisions of NRS 445.131 to 445.354, inclusive, and
sections 2, 3 and 4 of this act, including standards of water quality and
amounts of waste which may be discharged into [water.

445.354, inclusive, and sections 2, 3
and 4 of this act, including standards of water quality and amounts of
waste which may be discharged into [water.

(b)]the waters of the state.

(b) Adopt regulations
controlling the injection of fluids through a well to prohibit those injections
into underground water, if it supplies or may reasonably be expected to supply
any public water system, as defined in NRS 445.376, which may result in that systems
noncompliance with any regulation regarding primary drinking water or may
otherwise have an adverse effect on human health.

(c) Advise,
consult and cooperate with other agencies of the state, the Federal Government,
other states, interstate agencies and other persons in furthering the
provisions of NRS 445.131 to 445.354, inclusive [.], and sections 2, 3 and 4 of this act.

(d) Determine and
prescribe the qualifications and duties of the supervisors and technicians
responsible for the operation and maintenance of package plants for sewage
treatment.

2. In adopting regulations, standards of water quality [standards]
and effluent limitations pursuant to [those
sections,]NRS 445.131 to 445.354,
inclusive, and sections 2, 3 and 4 of this act, the commission shall
recognize the historical irrigation practices in the respective river basins of
this state, [and] the economy
thereof [,] and their effects.

3. The commission may hold hearings,
issue notices of hearings, issue subpenas requiring the attendance of witnesses
and the production of evidence, administer oaths [,]
and take testimony as it [deems]considers necessary to carry out the provisions of
subsections 1 and 2 and for the purpose of reviewing standards
of water quality . [standards.

4. The commission
shall determine and prescribe the qualifications and duties of the supervisors
and technicians responsible for the operation and maintenance of package plants
for sewage treatment.]

Sec. 7. NRS 445.214 is
hereby amended to read as follows:

445.214 The director [has the following powers and duties:

1. To perform any
acts consistent with the requirements of state and federal legislation
concerning water pollution control and conditions thereof relating to
participation in and administration by this state of the National Pollutant
Discharge Elimination System;

2. To administer]shall:

1. Administer and
enforce the provisions of NRS 445.131 to 445.354, inclusive, [and]sections 2,
3 and 4 of this act, all regulations adopted by the commission, and all
orders and permits issued by the department;

[3. To
examine]

2. Examine and
approve or disapprove plans and specifications for the construction and
operation of new [sewerage systems and]
treatment works and extensions, modifications of or additions to new or
existing [sewerage systems or] treatment
works;

[4. To
advise, consult and cooperate with other agencies of the state, the Federal
Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to
445.354, inclusive;

other persons in furthering the
purposes of NRS 445.131 to 445.354, inclusive;

5. To qualify for,
accept and administer loans and grants from the Federal Government and from
other sources, public or private, for carrying out any functions under NRS
445.131 to 445.354, inclusive;

6. To encourage,
request, participate in or conduct studies, surveys, investigations, research,
experiments, demonstrations and pilot programs by contract, grant or other
means;

7. To maintain and
to require supervisors and operators of treatment plants which are privately
owned or owned by a municipality or other public entity to maintain records,
monitoring devices and procedures for making inspections and obtaining samples
necessary to prepare reports;

8. To collect and
disseminate information to the public as the director deems advisable and
necessary for the discharge of his duties under NRS 445.131 to 445.354,
inclusive;

9. To develop]

3. Develop comprehensive
plans and programs for preventing, reducing or eliminating pollution [,]and
controlling injections through a well to prevent the degradation of existing or
potential underground sources of drinking water, with due regard to the
improvements which are necessary to conserve waters for the protection and
propagation of fish and aquatic life, wildlife, recreational purposes, public
water supply, agricultural, industrial and other purposes; and

[10. To
certify]

4. Certify all
costs and expenditures for any facility, land, building, machinery, equipment,
treatment works [, sewerage] or
disposal systems which are acquired, constructed or installed in conformity
with the purposes of NRS 445.131 to 445.354, inclusive [;

11. To hold
hearings and issue subpenas requiring the attendance of witnesses and the
production of evidence as the director finds necessary to carry out the
provisions of NRS 445.131 to 445.354, inclusive;

12. To exercise
all incidental powers necessary to carry out the purposes of NRS 445.131 to
445.354, inclusive; and

13. To delegate to
the division any function or authority granted to him under NRS 445.131 to
445.354, inclusive.], and sections 2, 3
and 4 of this act.

Sec. 8. NRS 445.221 is
hereby amended to read as follows:

445.221 Except as authorized by a permit
issued by the department under the provisions of NRS 445.131 to 445.354,
inclusive, sections 2, 3 and 4 of this act and
regulations [promulgated under such sections]adopted by the commission, it is unlawful for any
person to [discharge]:

1. Discharge from
any point source any pollutant into any waters of the state or any treatment
works [.];
or

445.224 No permit may be issued which
authorizes any discharge or injection of fluids through
a well into any waters of the state:

1. Of any radiological, chemical or
biological warfare agent or high-level radioactive waste;

2. Which would substantially impair
anchorage and navigation in any waters of the state;

3. Which would
result in the degradation of existing or potential underground sources of
drinking water.

4. Which is
inconsistent with an applicable areawide [waste
treatment management plan;]plan for
management of the treatment of waste; or

[4.]5. Which the director determines is
inconsistent with [rules,]the regulations and guidelines [promulgated]adopted by the commission pursuant to NRS 445.131
to 445.354, inclusive, and sections 2, 3 and 4 of this
act, including those relating to standards of water
quality [standards or limitations.]and injections of fluids through a well.

Sec. 10. NRS 445.227 is
hereby amended to read as follows:

445.227 The department may issue permits
for fixed terms not to exceed 5 years, but a permit to operate a package plant
for sewage treatment must be reviewed annually by the department. In compliance
with [such rules and]the regulations [as the
commission shall prescribe,]adopted by
the commission, the department may issue a new permit upon expiration of
an existing permit if:

1. The [permitholder]holder of the permit is in full or substantial
compliance with all the [terms, conditions,]
requirements and schedules of compliance of the expired permit;

2. The department has current information
on the nature [, contents] and frequency
of the [permitholders discharge,]discharge or injection of fluids through a well by a holder of
a permit, either pursuant to the submission of new forms and
applications or pursuant to [monitoring]continuing observation of records and reports
submitted to the department by the [permitholder;]holder of the permit; and

3. The discharge or
injection of fluids through a well is consistent with applicable
effluent [standards and] limitations,
standards of water quality [standards] and other [legally] applicable requirements set
forth in [NRS 445.244 to 445.257, inclusive.]NRS 445.131 to 445.354, inclusive, and sections 2, 3 and
4 of this act.

Sec. 11. NRS 445.231 is
hereby amended to read as follows:

445.231 1. Each permit
issued by the department must ensure compliance with the following factors
whenever applicable to the discharge or the injection of
fluids through a well for which the permit is sought : [pursuant to the
regulations and guidelines adopted by the commission:]

(e) Any more
stringent limitations, including any necessary to meet or effectuate standards of water quality , [standards, treatment] standards of treatment or schedules of compliance developed by
the department as part of a continuing planning process or areawide [waste treatment management plan]plan for the management of the treatment of waste under
NRS 445.257 [,] or in furthering
the purposes and goals of NRS 445.131 to 445.354, inclusive [.], and sections
2, 3 and 4 of this act.

2. Each permit must specify average and
maximum daily or other appropriate quantitative limitations for the level of
pollutants or contaminants in the authorized
discharge [.]or injection.

3. If an application is made to discharge
from a point source into any waters of this state which flow directly or
ultimately into an irrigation reservoir upstream from which are located urban
areas in two or more counties each with a population of 25,000 or more, the
department shall give notice of the application to each city, county,
unincorporated town and irrigation district located downstream from the point
of discharge. Notice to an unincorporated town must be given to the town board
or advisory council if there in one.

Sec. 12. NRS 445.234 is
hereby amended to read as follows:

445.234 [The
commission shall by regulation require that:

1. Notification be
made and information supplied to the department from publicly owned treatment
works of permitholders relating to]

1. A holder of a permit
for a publicly owned treatment works shall notify and supply the department
with information concerning any new or increased introduction of
pollutants into [such]the treatment works . [;]

2. All [permitholders]holders of permits issued under NRS 445.221 to 445.237,
inclusive, whose production increases, or whose process modifications or
facility expansion result in new or increased discharges or injections of fluids through a well shall report
such changes by submitting a new application for a permit to the department.

[Permits may be issued subject
to the factors and conditions set forth in this section.]

Sec. 13. NRS 445.257 is
hereby amended to read as follows:

445.257 The department shall establish a
continuing planning process consistent with all applicable federal requirements
which results in plans for all waters of the state and includes:

1. Adequate effluent limitations and
schedules of compliance;

2. The incorporation of all elements of
any applicable areawide plans for management of waste
[management plans] and [basin] plans for
basins under NRS 445.131 to 445.354, inclusive [;], and sections 2, 3 and 4 of this act;

6. Adequate implementation, including
schedules of compliance, for revised or new standards of
water quality ; [standards;]

7. Controls over the disposition of all
residual waste from any [water treatment
processing; and]treatment of water;

8. An inventory and ranking, in order of
priority, of needs for construction of [waste]
treatment works [required to meet applicable
requirements [.]; and

9. Controls over
the injection of fluids through a well to prevent the degradation of
underground water.

Sec. 14. NRS 445.304 is
hereby amended to read as follows:

445.304 To enforce the provisions of NRS
445.131 to 445.354, inclusive, sections 2, 3 and 4 of
this act, or any [rule,] regulation,
order or permit issued thereunder, the director or authorized representative of
the department may, upon presenting proper credentials:

1. Enter [on
or through] any premises in which any act violating NRS 445.131
to 445.354, inclusive, and sections 2, 3 and 4 of this
act originates or takes place or in which any required records are
required to be maintained;

2. At reasonable times, have access to
and copy any records required to be maintained;

4. Have access to and sample any
discharges [of pollutants]or injection of fluids into [state]
waters of the state which result directly or
indirectly from activities [or operations]
of the owner or operator of the premises where the discharge [of pollutants] originates or takes place
[.]or the
injection of fluids through a well takes place.

Sec. 15. NRS 445.307 is
hereby amended to read as follows:

445.307 The commission may by regulation,
and the department may by order or permit, require any
person injecting or causing an injection of fluids through a well or the
owner or operator of any source of a discharge [of
pollutants] into waters of the state or
into treatment works to:

[of pollutants] into
[such waters.]waters of the state or into treatment works.

Sec. 16. NRS 445.311 is
hereby amended to read as follows:

445.311 1. Any records,
reports or information obtained under NRS 445.131 to 445.354, inclusive, [shall]and
sections 2, 3 and 4 of this act must be available to the public for
inspection and copying unless the director considers [such]the record, report or information or part thereof
as confidential on a satisfactory showing that the information contained
therein, other than information describing [the]a discharge [of
pollutants] into the waters of the state [,]or injection of contaminants through a well, is
entitled to protection as a trade secret of the informant.

2. Any [such]
record, report or information [accorded
confidential treatment]treated as
confidential may be disclosed or transmitted to other officers,
employees or authorized representatives of this state or the United States who:

(a) Carry out the provisions of NRS 445.131 to
445.354, inclusive [; or], and sections 2, 3 and 4 of this act; or

(b) [Deem such]Consider the information relevant in any [adversary administrative or court] proceeding
under NRS 445.131 to 445.354, inclusive, and sections 2,
3 and 4 of this act and [such]the information is admissible under the rules of
evidence.

Sec. 17. NRS 445.331 is
hereby amended to read as follows:

445.331 1. Any person who
violates or aids or abets in the violation of any provision of NRS 445.131 to 445.354,
inclusive, sections 2, 3 and 4 of this act or of
any permit, [rule,] regulation,
standard or final order issued thereunder, except a provision concerning a
diffuse source, shall pay a civil penalty of not more than $10,000 for each day
of such violation. The civil penalty imposed by this subsection is in addition
to any other penalties provided pursuant to NRS 445.131 to 445.354, inclusive.

2. In addition to the penalty provided in
subsection 1, the department may recover from such person actual damages to the
state resulting from the violation of NRS 445.131 to 445.354, inclusive, [or]sections 2, 3
and 4 of this act, any [rule,]
regulation or standard [promulgated]adopted by the commission, or permit or final
order issued by the department, except the violation of a provision concerning
a diffuse source.

3. Damages may include any expenses
incurred in removing, correcting and terminating any adverse effects resulting
from [the discharge of pollutants]a discharge or the injection of contaminants through a well and
may also include compensation for any loss or destruction of wildlife, fish or
aquatic life . [and
any other actual damages caused by the violation.]

________

κ1985
Statutes of Nevada, Page 770κ

CHAPTER 245, AB 482

Assembly Bill No.
482Committee on Judiciary

CHAPTER 245

AN ACT relating to civil actions;
increasing the special filing fee for legal aid to indigent and elderly
persons; changing the allocation of the fee; and providing other matters
properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 19.031 is
hereby amended to read as follows:

19.031 1. In each county in
which legal services are provided without charge to indigent or elderly persons
through a program for legal aid [program] organized under the auspices of
the State Bar of Nevada, a county or local bar association, a county program for legal services [program]
or other program funded by this state or the United States to provide legal
assistance, the county clerk shall, on the commencement of any civil action or
proceeding in the district court for which a filing fee is required, and on the
filing of any answer or appearance in any such action or proceeding for which a
filing fee is required, charge and collect a fee of [$4]$7 from the party commencing or appearing in the
action or proceeding. These fees are in addition to any other fees required by
law.

2. On or before the first Monday of each
month the county clerk shall pay over to the county treasurer the amount of all
fees collected by him pursuant to subsection 1. Except as provided in
subsection 3, the county treasurer shall remit quarterly to the organization
operating the program for legal services : [program:]

(a) For indigent persons, [three-fourths;]five-sevenths;
and

(b) For elderly persons, [one-fourth,]two-sevenths,

of all the amounts received by him.

3. If the county treasurer receives
notice from the state or a political subdivision that an award of attorneys
fees or costs has been made to an organization which receives money pursuant to
this section and has been paid, he shall:

(a) Deduct an amount equal to the award from the
amount to be paid to the organization; and

(b) Remit an equal amount to the state or to the
political subdivision which paid the fees or costs at the time when he would
have paid it to the organization.

4. The fees which are collected from a
county must be used for the benefit of the indigent or elderly persons in that
county.

________

κ1985
Statutes of Nevada, Page 771κ

CHAPTER 246, AB 488

Assembly Bill No.
488Committee on Judiciary

CHAPTER 246

AN ACT relating to partitioning of real
property; simplifying the procedures for partitioning real property; providing
more flexibility in those procedures; reducing the number of masters required;
and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 39.010 is
hereby amended to read as follows:

39.010 When several persons hold and are
in possession of real property as joint tenants or as tenants in common, in
which one or more of them have an estate of inheritance, or for life or lives,
or for years, an action may be brought by one or more of such persons for a
partial partition thereof according to the respective rights of the persons
interested therein, and for a sale of such property or a part of it, if [it appear that] a partition cannot be
made without great prejudice to the owners [.]or if the owners consent to a sale. Whenever from
any cause it is, in the opinion of the court, impracticable or highly
inconvenient to make a complete partition, in the first instance, among all the
parties in interest, the court may first ascertain and determine the shares or
interest respectively held by the original cotenants, and thereupon [adjudge and] cause a partition to be
made, as if [such]the original cotenants were the [parties,
and sole parties, in interest, and the] only parties to the
action and thereafter may proceed [in like manner]
to adjudge and make partition separately of each share or portion so
ascertained and allotted as between those claiming under the original tenant to
whom the [same shall have been so]property has been set apart, or may allow them to
remain tenants in common thereof, as they may desire.

Sec. 2. NRS 39.060 is hereby
amended to read as follows:

39.060 1. If
a party having a share or interest is unknown or any one of the known parties
reside out of the state or cannot be found [therein
and such], and this fact is made
to appear by affidavit, the summons may be served on [such]the absent or unknown party by publication, as in
other cases. Then publication is made, the summons as published [shall]must be
accompanied by a brief description of the property which is the subject of the
action.

2. The court may
appoint an attorney to represent an absent or unknown party.

Sec. 3. NRS 39.120 is hereby
amended to read as follows:

39.120 If [it
be alleged in the complaint, and be established by evidence, or if it appear by
the evidence without such allegation in the complaint,]the evidence establishes to the satisfaction of the
court [,] that the property, or any
part of it, is so situated that partition cannot be made without great
prejudice to the owners [,]or if the owners consent, the court may order a sale
thereof. Otherwise, upon the requisite proofs being made,
it shall order a partition according to the respective rights of the parties,
as ascertained by the court, and [appoint three masters therefor; and shall
designate the portion] may appoint a master to partition the property.

proofs being made, it shall order a partition according to
the respective rights of the parties, as ascertained by the court, and [appoint three masters therefor; and shall designate
the portion]may appoint a master to
partition the property. The court shall designate the portion of the property to
remain undivided for the owners whose interests remain unknown, or are not
ascertained.

Sec. 4. NRS 39.130 is hereby
amended to read as follows:

39.130 In making the partition, the [masters]master
or the court shall divide the property and allot the several portions
thereof to the respective parties, quality and quantity relatively considered,
according to the respective rights of the parties, as determined by the court,
designating the several portions by proper landmarks, and may employ a surveyor
with the necessary assistants to aid [them
therein.]in the division.

Sec. 5. NRS 39.140 is hereby
amended to read as follows:

39.140 The [masters]master shall make a report of [their]the proceedings,
specifying therein the manner of executing [their]his trust, describing the property divided and
the shares allotted to each party, with a particular description of each share.

Sec. 6. NRS 39.150 is hereby
amended to read as follows:

39.150 1. The court may
confirm, change, modify or set aside the report, and, if necessary, appoint a new [masters.]master.

2. Upon the report being confirmed, [judgment shall be rendered that such partition be
effectual forever, which judgment shall be]or upon partition by the court, the court shall enter a
judgment of partition. The judgment is binding and conclusive:

(a) On all persons named as parties to the
action, and their legal representatives, who have at the time any interest in
the property divided, or any part thereof, as owners in fee or as tenants for
life or for years, or as entitled to the reversion, remainder or the inheritance
of [such]the
property, or of any part thereof, after the determination of a
particular estate therein, and who by any contingency may be entitled to a
beneficial interest in the property, or who have an interest in any undivided
share [thereof] as tenants for
years or for life;

(b) On all persons interested in the property
who may be unknown, to whom notice [shall have]has been given of the action for partition by
publication; and

(c) On all other persons claiming from any such parties or [person,
or either of them.]persons.

3. No judgment is invalidated by reason
of the death of any party, after filing of the report of the [masters]master and
before final judgment or decree . [; but such]The judgment
or decree is as conclusive against the heirs, legal representatives or assigns
of [such]the
decedent as if it had been entered before his death.

Sec. 7. NRS 39.230 is hereby
amended to read as follows:

39.230 The proceeds of the sale of [the incumbered property shall]encumbered property must be applied, under the
direction of the court, or by the court, as
follows:

3. To satisfy and cancel of record the [several] liens in their order of
priority, by payment of the sums due and to become due ,
[;] the amount due to be
verified by affidavit at the time of payment.

4. The residue among the owners of the
property sold, according to their respective shares therein.

Sec. 8. NRS 39.250 is hereby
amended to read as follows:

39.250 The proceeds of sale and the
securities taken by the [masters,]master or the court, or any part thereof, [shall]must be
distributed [by them] to the
persons entitled thereto, whenever the court so directs. [But in case no direction be given all such proceeds
and securities shall be paid into court, or deposited therein, or as directed
by the court.]If the court does not
direct the master to distribute the proceeds and the securities, the master
shall deposit them with the court or as the court directs.

Sec. 9. NRS 39.270 is hereby
amended to read as follows:

39.270 1. All
sales of real property [, made by masters]
under this chapter [, shall]must be made by public auction or
by private sale. The sale must be made to the highest bidder, upon
notice published in the manner required [for the
sale of real property on execution.]by
subsections 2 and 3. The notice [shall]must state terms of sale, and if the property or
any part of it is to be sold subject to a prior estate, charge or lien, that [shall]must be
stated in the notice.

2. Notice of a
public auction or a private sale must be posted for 20 consecutive days, in
three public places of the township or city in which the property is situated
and at the location where the property is to be sold. The notice must also be
given by publishing a copy once each week for 3 consecutive weeks in a
newspaper of general circulation, if there is one in the county. The cost of
publication may not exceed the rate for legal advertising provided in NRS
238.070. If the newspaper neglects or refuses to make the publication, then
posting of the notices is sufficient notice.

3. In case of a
private sale, the notice must state a place where bids or offers will be
received and a day on or after which the sale will be made. The sale must be
made within 1 year after that date.

Sec. 10. NRS 39.280 is
hereby amended to read as follows:

39.280 The court shall, in the order for
sale, direct the terms of the sale and of any credit
which may be allowed for the purchase money of any portion of the premises of
which it may direct a sale on credit, and for that portion of which the purchase
money is required, by the provisions [hereinafter
contained,]of this chapter, to be
invested for the benefit of unknown owners, infants or parties out of the
state. The court may appoint a master to appraise the
property before directing the terms of the sale.

39.290 The [masters]master or the court may take separate mortgages
and other securities for the whole or convenient portions of the purchase
money, of such parts of the property as are [directed
by the court to be] sold on credit, for the shares of any known
owner of full age, in the name of [such]the owner, and for the shares of an infant, in
the name of the guardian of [such]the infant, and for other shares, in the name of the
clerk of the county and his successors in office.

Sec. 12. NRS 39.350 is
hereby amended to read as follows:

39.350 Neither [of
the masters,]a master nor any
person for the benefit of [either of them, shall]him, may be interested in any purchase [; nor shall],
nor may a guardian of an infant party be interested in the purchase of
any real property [, being]which is the subject of the [action,]sale, except for the benefit of the infant. All
sales contrary to the provisions of this section [shall
be]are void.

Sec. 13. NRS 39.360 is
hereby amended to read as follows:

39.360 After completing a sale of the
property, or any part thereof ordered to be sold, the [masters]master shall report the [same]sale to the court, with a description of the
different parcels of land sold to each purchaser, the name of the purchaser,
the price paid or secured, the terms and conditions of the sale, and the
securities, if any taken. The report [shall]must be filed in the office of the clerk of the
county where the property is situated.

Sec. 14. NRS 39.370 is
hereby amended to read as follows:

39.370 If the sale [be]is confirmed
by the court, an order [shall]must be entered directing the [masters]master to execute conveyances and take securities
pursuant to [such]the sale, which [they are]he is hereby authorized to do. [Such]The
order may also give directions to [them]him respecting the disposition of the proceeds of
the sale. The court may execute conveyances and take
securities pursuant to a sale conducted by the court.

Sec. 15. NRS 39.380 is
hereby amended to read as follows:

39.380 When a party entitled to a share
of the property, or an [incumbrancer]encumbrancer entitled to have his lien paid out
of the sale, becomes a purchaser, the [masters]master or the court may take his receipt for so
much of the proceeds of the sale as belongs to him.

Sec. 16. NRS 39.420 is
hereby amended to read as follows:

39.420 When [security
is taken by the masters on a sale, and the parties interested in such security,
by an instrument in writing under their hands delivered to the masters, agree
upon the shares and proportions to which they are respectively entitled, or
when shares and proportions have been previously adjudged by the court, such
securities shall be taken in the names of, and payable to, the parties respectively
entitled thereto, and shall be delivered to such parties upon their receipt
therefor. Such agreement and receipt shall]the parties to an action for partition agree upon their
interests in the property to be partitioned or their interests have been determined
by the court and the property is sold on credit
which is secured by the purchasers, the security must be taken in the names of
the parties entitled to the security.

sold on credit which is secured by
the purchasers, the security must be taken in the names of the parties entitled
to the security. The security must be delivered to them upon their receipt for
it. The agreement of the parties and the receipt must be returned and
filed with the clerk.

Sec. 17. NRS 39.480 is
hereby amended to read as follows:

39.480 The costs of partition, fees of [masters]the
master and other disbursements and also, in the discretion of the court,
reasonable counsel fees expended by the parties for the common benefit, [shall]must be
paid by the parties respectively entitled to share in the lands divided, in
proportion to their respective interests therein, and may be included and
specified in the judgment. [In that case there
shall be]If the costs and fees are
included in the judgment, there is a lien on the several shares, and the
judgment may be enforced by execution against [such]the shares and against other property held by the
respective parties. When [, however,]
litigation arises between some of the parties only, the court may require the
expenses of [such]the litigation to be paid by the parties [thereto,]to the
litigation or any of them.

Sec. 18. NRS 39.490 is hereby
amended to read as follows:

39.490 The court [,
with the consent of the parties,] may appoint [a single master, instead of three masters,]three masters upon request of the parties instead of a
single master, in the proceedings under the provisions of this chapter . [, and the single
master, when thus appointed, shall]The
three masters have all the powers and must perform
all the duties required of the [three masters.]single master.

Sec. 19. NRS 39.500 is
hereby amended to read as follows:

39.500 When the action is for partition
of a mining claim among the tenants in common, joint tenants, coparceners or
partners thereof, the court, upon good cause shown by any party or parties in
interest, may, instead of ordering partition to be made in the manner [as
hereinbefore provided,]provided in NRS
39.010 to 39.390, inclusive, or ordering a
sale of the premises for cash, direct the [masters]master to divide the claim in the manner [hereinafter specified.]specified in NRS 39.510 to 39.570, inclusive.

Sec. 20. NRS 39.510 is
hereby amended to read as follows:

39.510 The court shall, in its order, or
by a subsequent order made upon motion, fix the time for division of the claim
by the [masters, which shall]master, which may not be less than 20 nor more than 40
days from the day of making the order, except by consent of all the parties in
interest who have appeared in the action.

Sec. 21. NRS 39.520 is
hereby amended to read as follows:

39.520 On the day designated in the
order, the [masters]master shall go upon the claim to be divided, and
proceed to make division of the [same as
hereinafter provided,]claim as provided
in NRS 39.530 to 39.570, inclusive, and shall continue from day to day
until the whole business is completed.

Sec. 22. NRS 39.530 is
hereby amended to read as follows:

39.530 Two or more of the tenants in
common, joint tenants, copartners or parceners may unite together for the
purposes of [such]the division, of which they [shall] must give the [masters]
master written notice before [they commence] he commences the business of
division .

the division, of which they [shall]must give
the [masters]master written notice before [they
commence]he commences the business
of division . [;
and all]All who do not unite [as aforesaid] or give notice of separate
action, shall, for the purposes of division, be deemed [and
held] to have united. The [masters in
their action]master shall
recognize those named in the order of the court, or their agents and attorneys
in fact, [duly appointed by instrument in
writing, and acknowledged as in cases of conveyance of real estate,]
the guardian of an infant, and the guardian entitled to the custody and
management of the estate of an insane person or other person adjudged incapable
of conducting his own affairs, and as to the interest of each, [shall]the master
must be controlled entirely by the order of the court.

Sec. 23. NRS 39.540 is
hereby amended to read as follows:

39.540 At the time and place of division,
[one of the masters to be selected by them]the master shall, in the manner of public
auction, offer to the party or parties who will take the least part or portion
of the mining claim in proportion to the interest he or they may have therein,
the privilege of first selecting the place at which his portion [shall]will be
located, and upon closing the bids the [masters]master shall proceed to measure and mark off, by
distinct metes and bounds, to the lowest bidder, his or their portion of the
mining claim, at the place designated by them or him, according to the terms of
his or their bid.

Sec. 24. NRS 39.550 is
hereby amended to read as follows:

39.550 When the [masters
have]master has marked off and set
apart the interest of the lowest bidder, as provided in NRS 39.540, [they]he shall
offer to the remaining parties the privilege of selection , [as in the section
mentioned and described,] and shall, upon closing the bids,
proceed in the same manner to locate and mark off the portion of the lowest
bidder, and shall thereafter continue in the same manner to receive bids and
mark off the interest of the bidder or bidders until there [shall remain]remains
but one party in interest, or parties united, forming one interest, as
provided in NRS 39.530. The party or parties remaining [shall]
become the owner or owners, as the case may be, of the entire claim not marked
off and set apart to the other parties , [as hereinbefore provided,] in proportion
to their respective interests in the claim.

Sec. 25. NRS 39.560 is
hereby amended to read as follows:

39.560 The [masters]master shall return with [their
report in this chapter required to be made by them,]the report required by NRS 39.140 the evidences of
authority presented to [them]him by persons other than the parties mentioned in the
order of the court by which they claim the right to bid, or otherwise act,
during the proceedings . [hereinbefore
mentioned.]

Sec. 26. NRS 39.570 is
hereby amended to read as follows:

39.570 The expenses of the [masters, including]master and those of a surveyor and his assistant, when
employed, [shall]must be ascertained and allowed by the court, and the
amount thereof, together with the fees allowed by law to
the [masters, shall] master, must be apportioned among the different parties to
the action.

with the fees allowed by law to the [masters,
shall]master, must be apportioned
among the different parties to the action.

________

CHAPTER 247, SB 441

Senate Bill No.
441Senator Rhoads

CHAPTER 247

AN ACT relating to conservation districts;
transferring the responsibilities of the secretary of state to the
administrative officer of the division of conservation districts in the state
department of conservation and natural resources; and providing other matters
properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 548.175 is
hereby amended to read as follows:

548.175 The commission has the following
duties and powers:

1. [Except
as otherwise delegated by law, to]To carry
out the policies of this state in programs at the state level for the
conservation of the renewable natural resources of this state and to represent
the state in matters affecting such resources.

2. To offer such assistance as may be
appropriate to the supervisors of conservation districts in the carrying out of
any of their powers and programs; to propose programs and to assist and guide
districts in the preparation and carrying out of programs [for resource conservation] authorized
under this chapter; to review district programs; to coordinate the programs of
the [several] districts and resolve
any conflicts in such programs; to facilitate, promote, assist, harmonize,
coordinate and guide the [resource conservation]
programs and activities of districts as they relate to other special purpose
districts, counties and other public agencies.

3. To keep the supervisors of each of the
[several] districts informed of the
activities and experience of all other districts organized pursuant to this
chapter, and to facilitate an interchange of advice and experience among [such]those districts
and promote cooperation among them.

4. To secure the cooperation and
assistance of the United States, any of its agencies and of other agencies of
this state in the work of conservation districts.

5. To serve, along with conservation
districts, as the official state agency for cooperating with the soil
conservation service of the United States Department of Agriculture in carrying
on conservation operations within the boundaries of conservation districts as
created under this chapter.

6. To enlist the cooperation and
collaboration of state, federal, interstate, local,
public and private agencies with the conservation districts and to facilitate
arrangements under which the conservation districts may serve county governing
bodies and other agencies as their local operating agencies in the
administration of any activity concerned with the conservation and use of
renewable natural resources.

interstate, local, public and private agencies with the
conservation districts and to facilitate arrangements under which the
conservation districts may serve county governing bodies and other agencies as
their local operating agencies in the administration of any activity concerned
with the conservation and use of renewable natural resources.

7. To make available, with the assistance
of the division, information concerning the needs and the work of the districts
and the commission to the director of the state department of conservation and
natural resources, the legislature, executive agencies and political
subdivisions of this state, cooperating federal agencies and the general
public.

8. To cooperate with and give such
assistance as may be requested by cities, counties, irrigation districts, and
other special purpose districts in the State of Nevada for the purpose of
cooperating with the United States through the Secretary of Agriculture in the
furtherance of conservation, pursuant to the provisions of the Watershed
Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 to 1007, inclusive, and
the requirements of other special programs of the United States Department of
Agriculture.

9. Pursuant to procedures developed
mutually by the commission and federal, state and local agencies that are
authorized to plan or administer activities significantly affecting the
conservation and use of renewable natural resources, to receive from [such]those agencies,
for review and comment, suitable descriptions of their plans, programs, and
activities for purposes of coordination with the district conservation
programs; to arrange for and participate in conferences necessary to avoid
conflict among such plans and programs, to call attention to omissions, and to
avoid duplication of effort.

10. To submit, with the assistance of the
division, a report to the director of the state department of conservation and
natural resources whenever the commission determines that there exists a
substantial conflict between the [resources
conservation] program of a district and the proposed plans or
activities directly affecting [resource]the conservation of
natural resources prepared by any other local government unit or agency
of this state.

11. By [commission]
administrative order [,]of the commission, upon the written request of the
board of supervisors of the conservation district or districts involved, with a
showing that [such]the request has been approved by a majority vote of the
members of each of the boards involved:

(a) To transfer lands from one district
established under the provisions of this chapter to another.

(b) To divide a single district into two or more
districts, each of which [shall,]must, thereafter, operate as a separate district under
the provisions of this chapter.

(c) To consolidate two or more districts
established under the provisions of this chapter [,
which consolidated area shall operate thereafter as]into a single district under the provisions of this
chapter.

(d) To inform the [secretary
of state]administrative officer of the division of any action taken pursuant to this subsection for
his approval of any new name and the appropriate entry in his records of the
changes made.

division of any action taken
pursuant to this subsection for his approval of any new name and the
appropriate entry in his records of the changes made.

12. To authorize the change of name of
any district, upon receipt by the commission of a resolution by the board of
supervisors of the district for such a change and
to present the resolution to the [secretary of
state]administrative officer of the
division for processing and recording in accordance with the provisions
of NRS 548.240.

Sec. 2. NRS 548.235 is
hereby amended to read as follows:

548.235 1. The five
appointed supervisors shall present to the [secretary
of state]administrative officer of the
division an application signed by them, which [shall
set forth (and such application need contain no detail other than the mere
recitals):]states:

(a) That a petition for the creation of the
district was filed with the [state conservation]
commission pursuant to the provisions of this chapter, and that the proceedings
specified in this chapter were taken pursuant to [such]that petition.

(b) That the application is being filed in order
to complete the organization of the district as a governmental subdivision and
a public body, corporate and politic, under this chapter.

(c) That the commission has appointed them as
supervisors.

(d) The name and official residence of each of
the supervisors, together with a certified copy of the appointments evidencing their
right to office.

(e) The term of office of each of the
supervisors.

(f) The name which is proposed for the district.

(g) The location of the principal office of the
supervisors of the district.

2. The application [shall]must be
subscribed and sworn to by each of the supervisors before an officer authorized
[by the laws of this state] to take
and certify oaths, who shall certify upon the application that he personally
knows the supervisors and knows them to be the officers as affirmed in the application,
and that each has subscribed thereto in the officers presence.

3. The application [shall]must be
accompanied by a statement by the [state
conservation commission, which shall certify (and such statement need contain
no detail other than the mere recitals):]commission:

(a) That a petition was filed, notice issued and
hearing held as required by this chapter.

(b) That the commission did [duly] determine that there is need, in
the interest of the public health, safety and welfare, for a conservation
district to function in the proposed territory and did define the township or
townships to be included.

(c) That notice was given and a referendum held
on the question of the creation of such a district,
and that a majority of the votes cast in such referendum were in favor of the
creation of the district.

(d) That thereafter the commission did [duly] determine that the operation of
the proposed district is administratively practicable and feasible.

4. The statement [shall]must set forth the township or townships to be
included.

Sec. 3. NRS 548.240 is
hereby amended to read as follows:

548.240 1. The [secretary of state]administrative officer of the division shall examine
the application and statement [,] and
if he finds that the name proposed for the district is not identical with that
of any other conservation district of this state or so nearly similar as to
lead to confusion or uncertainty [,]
he shall [receive and file them, and shall]
record them in an appropriate book of record in his office.

2. If [the
secretary of state shall find]he finds that
the name proposed for the district is identical with that of any other
conservation district of this state, or so nearly similar as to lead to
confusion and uncertainty, he shall [certify such
fact to the state conservation ]notify
the commission. The commission shall thereupon submit [to the secretary of state] a new name
for the district . [,
which shall not be subject to such defects.] Upon receipt of [such]a new
name, free of such defects, [the secretary of
state]he shall record the
application and statement, with the name so modified, in an appropriate book of
record in his office.

3. When the application and statement
have been [made, filed and recorded as herein
provided, the district shall constitute]recorded,
the district becomes a governmental subdivision of this state and a
public body corporate and politic.

4. The [secretary
of state]administrative officer of the
division shall make and issue to the supervisors a certificate, [under the seal of the state,]over his signature, of the [due]
organization of the district . [, and shall record such certificate with the
application and statement.]

5. The boundaries of [such district shall]the district must include the territory [as] determined by the [state conservation] commission, but [in no event shall they]must not include any area included within the
boundaries of another conservation district organized under the provisions of
this chapter.

Sec. 4. NRS 548.245 is
hereby amended to read as follows:

548.245 1. In any suit,
action or proceeding involving the validity or enforcement of, or relating to,
any contract, proceeding or action of the district, the district shall be
deemed to have been established in accordance with the provisions of this
chapter upon proof of the issuance of the certificate by the [secretary of state.]administrative officer of the division.

2. A copy of such a
certificate [duly certified]issued by the [secretary
of state shall be]administrative officer
of the division is admissible in evidence in any such suit, action or
proceeding and [shall be]is proof of the [filing
and] contents thereof.

548.250 1. Within 30 days
after the date of issuance by the [secretary of
state]administrative officer of the
division of a certificate of organization of a conservation district,
nominating petitions may be filed with the [state
conservation] commission to nominate candidates for supervisors
at large of [such]the district.

2. The commission [shall
have authority to]may extend the
time within which nominating petitions may be filed.

3. No [such]
nominating petition [shall]may be accepted by the commission unless it [shall be]is subscribed
by three or more registered voters residing within [such]the district.

4. Registered voters of the district may
sign more than one [such] nominating
petition to nominate more than one candidate for supervisor.

Sec. 6. NRS 548.285 is
hereby amended to read as follows:

548.285 1. The county clerk
of the county in which a conservation district is situated, or his designee,
shall conduct a biennial nonpartisan election for the replacement of any
supervisors whose terms are about to expire and shall pay all costs of [such]that election
from county funds.

2. [Such an
election shall]The election must be
held either at a mass meeting of electors, held in a centrally located public
meeting place within the district, or as part of the general election.

3. If a mass meeting is held for the
election, it [shall be held within the district]must be held on one of the first 10 days of
November in each even-numbered year.

4. If the election is held at a mass
meeting:

(a) The chairman of the district supervisors
shall preside at this meeting and the secretary of the district shall keep a
record of transactions at the meeting.

(b) Nominations of candidates [shall]must be
made verbally from the floor.

(c) Voting [shall]must be by secret ballot. The chairman of the
district supervisors shall appoint three electors present to act, without pay,
as judges and tellers to count the votes at the conclusion of voting.

5. If the election is held as part of the
general election:

(a) Candidates are bound by the election laws
governing county elections.

(b) Ballots [shall]must be provided bearing the names of candidates
in alphabetical order by surnames with a square before each name and a
direction to insert an X mark in the square before the name or names of the
voters choice.

(c) At the close of polling, the sealed ballot
boxes [shall]must be delivered unopened to the county clerk or his
designee, who shall appoint three electors to act, without pay, as judges and
tellers to open the boxes and count the votes.

6. The result of the election [shall]must be
certified to the [state conservation]
commission and to the [secretary of state]administrative officer of
the division by the county clerk or his designee, within 1 week following the
date of election.

officer of the division by the
county clerk or his designee, within 1 week following the date of election.

7. If a conservation district embodies
land lying in more than one county, the county clerks of the respective
counties shall confer and delegate to the clerk of the county having the
greatest number of qualified electors of the conservation
district [electors] the duty of
carrying out the provisions of this section and shall reimburse [such]that county
on a pro rata basis for their respective counties shares of the expenses of
conducting the election.

Sec. 7. NRS 548.295 is
hereby amended to read as follows:

548.295 1. Vacancies [shall]must be
filled for the unexpired term within 2 weeks of the occurrence of the vacancy,
by appointment by the remaining supervisors of the district.

2. The chairman of the district governing
body shall certify all such appointments immediately to the [state conservation] commission and to
the [secretary of state.]administrative officer of the division.

Sec. 8. NRS 548.545 is
hereby amended to read as follows:

548.545 1. Upon receipt from
the [state conservation] commission
of a certification that the commission has determined that the continued
operation of the district is not administratively practicable and feasible,
pursuant to the provisions of NRS 548.535, the supervisors shall forthwith
proceed to terminate the affairs of the district.

2. The supervisors shall dispose of all
property belonging to the district at public auction and shall pay over the
proceeds of [such]the sale to the state treasurer for deposit in the
state treasury.

3. The supervisors shall thereupon file
an application [, duly verified,] with
the [secretary of state]administrative officer of the division for the
discontinuance of the district, and shall transmit with the application the
certificate of the [state conservation]
commission setting forth the determination of the commission that the continued
operation of [such]the district is not administratively practicable and
feasible. The application [shall]must recite that the property of the district has been
disposed of and the proceeds paid over as provided in this section, and [shall]must set
forth a full accounting of [such]those properties and proceeds of the sale.

4. The [secretary
of state]administrative officer of the
division shall issue to the supervisors a certificate of dissolution and
shall record [such]the certificate in an appropriate book of records in
his office.

Sec. 9. On or before
September 1, 1985, the secretary of state shall transfer all records maintained
by him concerning conservation districts to the administrative officer of the
division of conservation districts.

________

κ1985
Statutes of Nevada, Page 783κ

CHAPTER 248, AB 212

Assembly Bill No.
212Committee on Commerce

CHAPTER 248

AN ACT relating to credit unions; limiting
the amount a credit union may invest in fixed assets; providing criteria for
insurance to cover deposits; removing the restriction on the use of certain
money deposited in the state general fund; establishing additional requirements
for a certificate of authority for a foreign credit union to transact business
in this state; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 678 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 5, inclusive, of this act.

Sec. 2. Fixed assets means the real property which constitutes the
premises of a credit union or any of its offices, and the furniture, fixtures
and equipment of the credit union.

Sec. 3. Member means a person who has an account with a credit union
and meets the qualifications for membership specified in the articles of
incorporation and bylaws of the credit union.

Sec. 4. A credit union must not invest in fixed assets without the
prior approval of the administrator if the aggregate value of the credit
unions existing fixed assets exceeds 7 percent of its total assets.

Sec. 5. 1. In determining whether a private insurer is
acceptable to issue a contract for the insurance of deposits, the administrator
and the commissioner of insurance must consider:

(a) The value of the
insurers capital.

(b) The ratio of the
insurers assets, including reinsurance, which are readily available to cover
any losses incurred by depositors, to its insured deposits. This ratio must be
adequate to reimburse depositors for any losses which they may incur and may
not be less than the ratio maintained by the share insurance fund established
under the Federal Credit Union Act of 1934, as amended, (12 U.S.C. §§ 1781 et seq.).

(c) The qualifications of
the directors, officers and managers of the insurance company.

(d) The insurers
articles of incorporation and its bylaws and all amendments thereto.

(e) The insurers
policies for investments.

(f) The form of all
insurance contracts entered into by the insurer, including contracts for
reinsurance.

(g) The insurers
requirements for premiums or deposits.

(h) The insurers
policies for the management of risk.

(i) Such other
considerations as the administrator may provide by regulation which are
necessary to carry out the provisions of this act.

2. The
administrator and the commissioner shall not approve a contract of insurance
unless the protection afforded thereby to the depositors is substantially
equivalent to the protection afforded by the Federal Credit Union Act of 1934, as amended, (12 U.S.C.

3. After a private
insurer obtains the approval of the administrator and the commissioner, the
administrator, after consultation with the commissioner, may, for cause,
require the insurer to establish and maintain for such a time as the
administrator may require, a reserve, in cash or United States treasury bills
or notes, in an amount fixed by the administrator. If required, the reserve
must be kept in an account approved by the administrator in a federally insured
financial institution located in this state.

Sec. 6. NRS 678.010 is
hereby amended to read as follows:

678.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 678.020 to
678.240, inclusive, and sections 2 and 3 of this act, have
the meanings ascribed to them in [such]those sections.

Sec. 7. NRS 678.260 is
hereby amended to read as follows:

678.260 The administrator shall:

1. Adopt a regulation establishing the
minimum surety bond required of credit unions in relation to the amount of
property under their control.

2. Maintain the original application of
every credit union in a permanent file.

3. Maintain for at least 6 years, every
report filed by a credit union with the division of financial institutions.

4. Except as otherwise provided in NRS
678.800 and 678.810, deposit all fees, charges for expenses, assessments and
other money which is collected pursuant to the provisions of this chapter or
any regulation [promulgated]adopted thereunder, in the state treasury . [to the credit of the
appropriate account within the state general fund for the use of the division
of financial institutions of the department of commerce. At the end of a fiscal
year the unused balance of any amounts collected pursuant to this chapter does
not revert to the state general fund.]

5. Prepare copies of articles of
incorporation and bylaws consistent with the provisions of this chapter which
may be used by persons interested in organizing a credit union.

Sec. 8. NRS 678.344 is
hereby amended to read as follows:

678.344 The administrator shall issue a
certificate of authority to a foreign credit union if he is satisfied that:

1. The members of the credit union to be
served in this state are adequately protected by any form of security which is
comparable to that required of credit unions organized under the provisions of
this chapter.

2. The officer who supervises the credit
union in the state in which it was organized has authorized it to do business
in Nevada and agrees to furnish, upon request, copies of reports relating to
the credit union.

3. The members to be served in this state
have a need for the service [.]

service [.]and adequate service is not available through existing credit
unions.

4. A resident agent has been designated.

5. The state in which the credit union
was organized issues comparable authorization to credit unions organized under
the provisions of this chapter.

Sec. 9. NRS 678.750 is
hereby amended to read as follows:

678.750 1. A credit union
may purchase insurance on the lives of its members in an amount equal to their
respective shares, deposits and [loan]
balances on a loan or any of them.

2. A credit union may enter into
cooperative marketing arrangements for its members covering such services as
group life insurance, coverage for temporary
disability [coverage,], plans for health and accident [plans]
and such other programs which are demonstrated to be in the interest of
improving the economic and social conditions of the credit unions members.

3. A credit union must apply to the
administrator for approval of a plan of insurance for members accounts, either
pursuant to the Federal Credit Union Act of 1934, as amended, (12 U.S.C. §§
1781 et seq.), or under a contract [or policy]
of insurance issued by an insurer [holding a
certificate of authority to transact insurance in this state, and take all
actions necessary to maintain an insured status thereunder.], which must be approved by the administrator and the
commissioner of insurance pursuant to section 5 of this act. The issuance of
such a contract is not transacting insurance under Title 57 of NRS.

4. The administrator shall make available
reports of the financial condition of credit union, reports of examinations
made pursuant to NRS 678.790 and any other reports that may be required by the
insurer and deemed appropriate by the administrator. If a credit union is
closed because of bankruptcy or insolvency, the administrator may appoint a
liquidating agent.

________

CHAPTER 249, AB 478

Assembly Bill No.
478Committee on Judiciary

CHAPTER 249

AN ACT relating to driving while
intoxicated; eliminating the use of a test of urine to determine the alcoholic
content of the blood of a person suspected of driving while intoxicated; and
providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.383 is
hereby amended to read as follows:

484.383 1. Except as
provided in subsections 4 and 5, any person who drives or is in actual physical
control of a vehicle on a highway or on premises to which the public has access
shall be deemed to have given his consent to an
evidentiary test of his blood, urine, breath or other bodily substance for the
purpose of determining the alcoholic content of his blood or the presence of a
controlled substance when such a test is administered at the direction of a
police officer having reasonable grounds to believe that the person to be
tested was driving or in actual physical control of a vehicle while under the
influence of intoxicating liquor or a controlled substance.

given his consent to an evidentiary test of his blood,
urine, breath or other bodily substance for the purpose of determining the
alcoholic content of his blood or the presence of a controlled substance when
such a test is administered at the direction of a police officer having
reasonable grounds to believe that the person to be tested was driving or in
actual physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance.

2. The person to be tested must be
informed that his failure to submit to the test will result in the revocation
of his privilege to drive a vehicle.

3. Any person who is dead, unconscious,
or otherwise in a condition rendering him incapable of refusal shall be deemed
not to have withdrawn his consent, and any such test may be administered
whether or not the person is informed that his failure to submit to the test
will result in the revocation of his privilege to drive a vehicle.

4. Any person who is affected with
hemophilia or with a heart condition requiring the use of an anticoagulant as
determined by a physician is exempt from any blood test which may be required
pursuant to this section [.]but may be required to submit to a breath or urine test.

5. Where the alcoholic content of the
blood of the person to be tested is in issue, he may refuse to submit to a
blood test if means are reasonably available to perform a breath [or urine test, and may refuse to submit to a blood or
urine test if means are reasonably available to perform a breath]
test. If the person requests a blood [or urine]
test and the means are reasonably available to perform a breath test, and he is
subsequently convicted, he must pay for the cost of the substituted test,
including the fees and expenses of witnesses in court.

6. Where the presence of a controlled
substance in the blood of the person is in issue, the officer may direct him to
submit to a blood or urine test, or both, in addition to the breath test. The
officer shall inform him that his failure to submit to either or both of the
blood and urine tests, as required, will result in the revocation of his
privilege to drive a vehicle. A failure to submit to either or both of theses
tests constitutes a failure to submit to one test under this section.

7. Except as provided
in subsections 4 and 6, a police officer shall not direct a person to submit to
a urine test.

8. If a
person to be tested fails to submit to a required test as directed by a police
officer under this section, none may be given, except that if the officer has
reasonable cause to believe that the person to be tested was driving or in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor or a controlled substance and thereby caused death or
substantial bodily harm to another, the officer may direct that reasonable
force be used to the extent necessary to obtain a sample of blood from the
person to be tested.

________

κ1985
Statutes of Nevada, Page 787κ

CHAPTER 250, SB 379

Senate Bill No.
379Senators Foley and Wagner

CHAPTER 250

AN ACT relating to evidence; providing
that authenticated records of hotels and casinos are admissible evidence;
providing a method of authenticating the records; and providing other matters
properly relating thereto.

[Approved May 22, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 51.135 is
hereby amended to read as follows:

51.135 1. A memorandum,
report, record or compilation of data , [compilation,]
in any form, of acts, events, conditions, opinions or diagnoses, made at or
near the time by, or from information transmitted by, a person with knowledge,
all in the course of a regularly conducted activity, as shown by the testimony
of the custodian or other qualified witness, is not inadmissible under the
hearsay rule unless the source of information or the method or circumstances of
preparation indicate lack of trustworthiness.

2. An affidavit signed by a custodian of
medical records verifying that a copy of medical records is a true and complete
reproduction of the original medical records is not inadmissible under the
hearsay rule and [shall]must be accepted by the court in lieu of testimony.

3. An affidavit
signed by a custodian of the records of a casino or hotel, verifying that a
copy of a record is a true and complete reproduction of the original record is
not inadmissible under the hearsay rule and must be accepted by the court in
lieu of testimony. As used in this subsection, the terms custodian of the
records of a casino or hotel and records of a casino or hotel have the
meanings ascribed to them by section 4 of this act.

Sec. 2. Chapter 52 of NRS is
hereby amended by adding thereto the provisions set forth as sections 3 to 6,
inclusive, of this act.

Sec. 3. As used in sections 4, 5 and 6 of this act, unless the context
otherwise requires:

1. Custodian of
the records of a casino or hotel means an employee or agent of a gaming
licensee or hotel who has the care, custody and control of the records of the
casino or hotel.

2. Records of a
casino or hotel means memoranda, reports, records or compilations of data in
any form which are kept in the course of an activity which is regularly
conducted by a gaming licensee or hotel.

Sec. 4. The content of records of a casino or hotel, if otherwise
admissible, may be proved by a copy of the record which is authenticated by a
custodian of the records of a casino or hotel in a signed affidavit. The
custodian must verify in the affidavit that the copy is a true and complete
reproduction of the original record of a hotel or casino and that the original
record was made at or near the time of the act or event
concerning which information was recorded, by or from information transmitted
by a person with knowledge of the act or event, and in the course of a
regularly conducted activity.

event concerning which information
was recorded, by or from information transmitted by a person with knowledge of
the act or event, and in the course of a regularly conducted activity.

Sec. 5. 1. A custodian of the records of a hotel or
casino complies with a subpena requesting the production of the records of a
casino or hotel by delivering true and complete copies of the original records
to the attorney for the party who caused the subpena to be issued. The copies
may be delivered personally or by mail and must be accompanied by the affidavit
authenticating the records which is required by section 4 of this act.

2. Upon receipt of
the requested records, the attorney for the party who caused the subpena to be
issued shall promptly notify all parties to the action of their receipt and
make the records available for their inspection and copying.

3. The records
must be preserved and maintained as a cohesive unit and may not be separated
except upon the order of the court.

Sec. 6. If during a trial or a proceeding for discovery, the
authenticity of a record is reasonably questioned or if an interpretation of
handwriting is in question, the court may order the personal attendance of the
custodian of the records and may order that the original records be produced.

________

CHAPTER 251, AB 516

Assembly Bill No.
516Committee on Judiciary

CHAPTER 251

AN ACT relating to perjury; removing
reference to corruption; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 199.120 is
hereby amended to read as follows:

199.120 Every person , having taken a lawful oath or made affirmation in a
judicial proceeding or in any other matter where, by law, an oath or
affirmation is required and no other penalty is prescribed, who willfully [and corruptly] makes an unqualified
statement of that which he does not know to be true, or who swears or affirms
willfully [, corruptly] and falsely
in a matter material to the issue or point in question, or who suborns any
other person to make such unqualified statement or to swear or affirm in such
manner is guilty of perjury or subornation of perjury, as the case may be, and
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 10 years, and may be further punished by a fine of not more than
$10,000.

________

κ1985
Statutes of Nevada, Page 789κ

CHAPTER 252, AB 657

Assembly Bill No.
657Committee on Taxation

CHAPTER 252

AN ACT relating to taxation; extending the
final date for setting the tax rates for local governments; and providing other
matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. For the fiscal
year 1985-1986 only, notwithstanding the provisions of NRS 361.455:

1. The Nevada tax commission shall meet
on or before June 26, 1985, to set the tax rates for local governments.

2. Any local government whose budget must
be revised because of an adjustment made by the commission shall file a copy of
its revised budget by July 15, 1985.

Sec. 2. This act becomes
effective upon passage and approval.

________

CHAPTER 253, SB 417

Senate Bill No.
417Senator Glover

CHAPTER 253

AN ACT relating to cities; permitting the
submission of a proposed amendment to a city charter at a special election; and
providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 268.010 is
hereby amended to read as follows:

268.010 1. As used in this
section, city means an incorporated city or incorporated town.

2. An amendment to the charter of a city:

(a) May be made by the legislature.

(b) May be proposed and submitted to the
registered voters of the city by a majority of the whole governing body, and [shall]must be
so submitted upon petition signed by registered voters of the city equal in
number to 15 percent or more of the voters who voted at the last preceding
general municipal election, setting forth the proposed amendments . [, which submission
shall be made]

3. An amendment
proposed pursuant to paragraph (b) of subsection 2 must be submitted at
the next general municipal election [.

3.]or at a special election.

4. The city
attorney shall draft any amendment proposed in the petition mentioned in
paragraph (b) of subsection 2 and an explanation thereof for submission to the
registered voters.

5. The petition
must be filed with the city clerk. It [shall]must be in the form, and its sufficiency [shall]must be
determined in the manner, provided in chapter 295 of NRS for city initiative
petitions.

[5.]6. When an amendment is adopted by the
registered voters of the city, the city clerk shall, within 30 days thereafter,
transmit a certified copy of [such]the amendment to the legislative counsel.

________

CHAPTER 254, SB 41

Senate Bill No.
41Senator Raggio

CHAPTER 254

AN ACT relating to transfers on death;
exempting certain instruments from the formal requirements for the execution of
wills; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 133 of
NRS is hereby amended by adding thereto a new section to read as follows:

A security issued in registered
form which contains the words transferable on death to a named person, or
equivalent language or abbreviation, is effective to transfer the interest
evidenced by the security to that person, upon the death of its owner, without
compliance with the formal requirements of this chapter for the execution of
wills. As used in this section, security and registered form have the
meanings ascribed to them in NRS 104.8102.

________

CHAPTER 255, SB 419

Senate Bill No.
419Senator Jacobsen

CHAPTER 255

AN ACT relating to motor carriers;
authorizing the public service commission of Nevada to suspend a certificate of
public convenience and necessity for nonuse or the failure to file an annual
report; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 706.398 is
hereby amended to read as follows:

706.398 The commission shall revoke or suspend, pursuant to the provisions of this chapter , the certificate of public convenience and necessity
of a common motor carrier which has failed to:

1. File the annual report required by NRS
703.191 within 60 days after the report is due; or

2. Operate during the preceding year as a
carrier of intrastate commerce in this state under the terms and conditions of
its certificate, as evidenced by information contained in the annual report,

unless the carrier has obtained the prior permission of the
commission to file an annual report late or to cease such operation during that
period.

________

CHAPTER 256, AB 568

Assembly Bill No.
568Committee on Government Affairs

CHAPTER 256

AN ACT relating to volunteer firemen;
increasing the range of assumed wages for determining the amount of
contributions for retirement; and providing other matters properly relating
thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 286.367 is
hereby amended to read as follows:

286.367 1. The volunteers of
a regularly organized and recognized fire department may, by the joint
application of a majority of [such volunteers,]those volunteers addressed to the board, become
members of the system. A volunteer fireman who joins a fire department of which
all the volunteers have become members of the system becomes a member of the
system. The volunteers of a participating fire department may withdraw from the
system by the joint application of a majority of [such]those volunteers addressed to the board.

2. The city, town, county or district
which recognizes such volunteers is the public employer and shall collect and
pay over the employees share and pay the employers share of the contribution
to the public employees retirement fund and the public employees retirement
administrative fund, in the manner prescribed in this chapter. The local
government may, if so requested by the volunteers, further contribute any
amount by which the sum receivable by each volunteer for any month is less than
the amount of his required share of the contribution, but no such further
contributions may be placed in a volunteers account with the system or
refunded to a volunteer or his employer upon [such]that volunteers termination.

3. In determining the amount of
contributions to be paid for such volunteers, they are assumed to be receiving
a wage established by the local government which [shall
not be]is not less than $150 nor
more than [$350]$750 per month. [Once
established, such assumed wage shall not be increased.]

4. The average compensation for a
volunteer fireman is the weighted average of:

(a) The assumed wage as a volunteer fireman; and

(b) The average salary in other covered
employment which, if the service in [such]that employment exceeds 3 years, is calculated
upon the 3 highest consecutive years.

The weight given to the assumed wage and average salary,
respectively, is proportionate to the length of service in each capacity.
Average compensation is computed from the sum of the assumed wage and actual
salary [when]if a member is employed simultaneously as a volunteer
fireman and as a regular member.

5. Any dispute over the status of a
person as a volunteer fireman under this section [shall]must be conclusively determined by the board.

6. A volunteer fireman may purchase all
previous service as a volunteer fireman with any volunteer fire department which
is a member of the system. To validate such service, the volunteer fireman must
pay the systems actuary for a computation of costs and pay the full cost as
determined by the actuary. The employing agency may pay the [employer]employers
share of the cost but [shall not be]is not required to do so.

________

CHAPTER 257, AB 217

Assembly Bill No.
217Assemblyman Humke (by request)

CHAPTER 257

AN ACT relating to dangerous weapons;
prohibiting the manufacture of a knife which is made an integral part of a belt
buckle; prohibiting a person from carrying such a weapon concealed upon his
person; providing a penalty; and providing other matters properly relating
thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 202.350 is
hereby amended to read as follows:

202.350 1. It is unlawful
for any person within this state to:

(a) Manufacture or cause to be manufactured, or
import into the state, or keep, offer or expose for sale, or give, lend or
possess any knife which is made an integral part of a
belt buckle or any instrument or weapon of the kind commonly known as a
switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal
knuckles; or

(b) Carry concealed upon his person any:

(1) Explosive substance, other than
ammunition or any components thereof;

(2) Dirk, dagger or dangerous knife; [or]

(3) Pistol, revolver or other firearm, or
other dangerous or deadly weapon [.]; or

2. It is unlawful for any person to carry
or use a nunchaku or trefoil with the intent to inflict harm upon the person of
another.

3. Except as provided in NRS 202.275 and
212.185, any person who violates any of the provisions of subsection 1 or 2 is
guilty:

(a) For the first offense, of a gross
misdemeanor.

(b) For any subsequent offense, of a felony, and
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 6 years, and may be further punished by a fine of not more than
$5,000.

4. The sheriff of any county may, upon
written application by a resident of that county showing the reason or the
purpose for which a concealed weapon is to be carried, issue a permit
authorizing the applicant to carry in this state the concealed weapon described
in the permit, except that no permit may be granted to any person to carry a
switchblade knife.

5. For the purposes
of this section:

(a) Nunchaku means an instrument consisting of
two or more sticks, clubs, bars or rods connected by a rope, cord, wire or
chain used as a weapon in forms of Oriental combat.

(b) Switchblade knife means a spring-blade
knife, snap-blade knife or any other knife having the appearance of a pocket
knife, any blade of which is 2 or more inches long and which can be released
automatically by a flick of a button, pressure on the handle or other
mechanical device, or is released by any type of mechanism.

(c) Trefoil means an instrument consisting of
a metal plate having three or more radiating points with sharp edges, designed
in the shape of a star, cross or other geometric figure and used as a weapon
for throwing.

former peace
officer who is retired for disability unless his former employer has approved
his fitness to carry a concealed weapon.

3. As
used in this section, honorably retired means retired in Nevada after
completion of 10 years of creditable service as a member of the public
employees retirement system. A former peace officer is not honorably retired
if he was discharged for cause or resigned before the final disposition of
allegations of serious misconduct.

Sec. 3. 1. This
section and section 2 of this act become effective upon passage and approval.

2. Section 1 of this act becomes
effective at 12:02 a.m. on July 1, 1985.

________

CHAPTER 258, AB 410

Assembly Bill No.
410Committee on Government Affairs

CHAPTER 258

AN ACT relating to public schools;
allowing broader investments for employees; and providing other matters
properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 391.380 is
hereby amended to read as follows:

391.380 1. The board of
trustees of any school district in this state may purchase an annuity [contract]or
shares for any teacher, principal, superintendent of schools or other
employee of [such]that district under [an
annuity]a plan which meets the
requirements of [section 403(b) of the Internal
Revenue Code of the United States.

2. Such purchase
shall]26 U.S.C. § 403(b).

2. That purchase
must be made only upon the written request of [such]the employee and upon an agreement in writing
that:

(a) The [premiums
paid for such purchase shall]payments
made constitute an allocable part of his total compensation, as that
term is defined in NRS 286.025 ; [.]

(b) The [contract]annuity or shares so purchased [shall be]are the
property of [such]that employee and all rights thereunder are nontransferable and nonforfeitable [save for]except
for a failure to [pay premiums.]make required payments; and

(c) The board of trustees [shall have]has no
liability under any such [annuity contract
purchased.]arrangement.

3. All requests under this section [shall]must be
received and acted upon without discrimination so long as [such]the employee
is within the class of persons entitled by law to enjoy the benefits of the
provisions of [section 403(b) of the Internal
Revenue Code of the United States.]26
U.S.C. § 403(b).

4. The shares
purchased must be those of a regulated investment company as permitted under 26
U.S.C. § 403(b)(7).

Sec. 2. Any investment,
before the effective date of this act, by the board of trustees of any school
district of any money held in trust for deferred distribution to the districts
employees which, at the time of the investment, conformed to the requirements
of 26 U.S.C. § 403(b) is hereby approved and ratified.

488.193 1. [Every]Except for
a contrivance, propelled by a sail, whose occupant must stand erect, every vessel
must carry at least one life preserver, lifebelt, ring buoy, buoyant vest or
buoyant cushion of a type approved by the United States Coast Guard or other
device of the sort prescribed by the regulations of the commission for each
person on board [,] and any [persons]person
in a vessel being towed, so placed as to be readily accessible. Every
vessel carrying passengers for hire must carry so placed as to be readily
accessible at least one life preserver of the sort prescribed by the
regulations of the commission for each person on board.

2. Every motorboat must be provided with
such number, size and type of fire extinguishers, capable of promptly and
effectually extinguishing burning gasoline, as may be prescribed by the
regulations of the commission. The fire extinguishers must be of a marine type
which has been approved by the United States Coast Guard and kept in condition
for immediate and effective use and [must be]
so placed as to be readily accessible.

3. Every motorboat must have the
carburetor [or carburetors] of
every engine therein, except outboard motors, using gasoline as fuel, equipped
with such efficient flame arrestor, backfire trap or other similar device as
may be prescribed by the regulations of the commission.

4. Every motorboat and every vessel,
except open boats, using as fuel any liquid of a volatile nature, must be
provided with such means as may be prescribed by the regulations of the
commission for properly and efficiently ventilating the bilges of the engine
and [fuel tank compartments]compartments for tanks of fuel to remove any explosive
or flammable gases.

5. The commission may [make]adopt regulations
modifying the [equipment requirements] requirements for
equipment contained in this section to the extent necessary to keep these
requirements in conformity with the provisions of the Federal Navigation Laws
or with the [navigation rules promulgated] rules for navigation adopted by the
United States Coast Guard.

[equipment requirements]requirements for equipment contained in this
section to the extent necessary to keep these requirements in conformity with
the provisions of the Federal Navigation Laws or with the [navigation rules promulgated]rules for navigation adopted by the United States Coast
Guard.

________

CHAPTER 260, AB 253

Assembly Bill No.
253Committee on Judiciary

CHAPTER 260

AN ACT relating to property taken from
others; permitting a civil action to be brought as a small claim in justices
court; facilitating the use of a photograph as a substitute for the physical
evidence; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 598.033 is
hereby amended to read as follows:

598.033 1. An
adult who steals merchandise from a merchants premises is civilly liable for
the retail value of the merchandise, plus damages of not less than $100 nor
more than $250, costs of suit and reasonable [attorneys]attorneys fees. An action
may be brought even if there has been no criminal conviction for the theft.

2. An action under
this section may be brought as a small claim in a justices court if the total
amount sought does not exceed the statutory limit for such a claim.

Sec. 2. NRS 598.035 is
hereby amended to read as follows:

598.035 1. The
[parents]parent
or legal guardian, as the case may be, of a minor who steals merchandise
from a merchants premises is civilly liable for the retail value of the
merchandise, plus damages of not less than $100 nor more than $250, costs of
suit and reasonable [attorneys]attorneys fees. An action may
be brought even if there has been no criminal conviction for the theft. Recovery
under this section may be had in addition to, and is not limited by, any other
provision of law which limits the liability of a parent or legal guardian for
the tortious conduct of a minor.

2. An action under
this section may be brought as a small claim in a justices court if the total
amount sought does not exceed the statutory limit for such a claim.

Sec. 3. NRS 52.385 is hereby
amended to read as follows:

52.385 1. At any time after
property of any person other than the one accused of the crime of which the
property is evidence comes into the custody of a peace officer, the rightful
owner of the property or a person entitled to possession of the property may
request the prosecuting attorney to return the property to him. [The request must allege that:

(a) The requester is the
rightful owner of the property or a person entitled to possession of the
property;

(b) The only relevance of
the property as evidence in the trial is for visual identification; and

(c) Photographs of the
property, accompanied by appropriate descriptions and measurements of the
property, is sufficient for the visual identification of it.

2. In the absence
of such a request, the peace officer having custody of the property may
initiate a request to return the property to its owner or a person who is
entitled to possession of the property, or to dispose of it in some other
manner.

3. Upon receiving
a request, the prosecuting attorney shall determine the truth of the
allegations contained in the request.

4. If, having
personally examined and compared the photographs, the measurements and the
property, the prosecuting attorney or his deputy determines that all
allegations in the request are in fact true, he may certify the photographs and
measurements and order them remanded to the peace officer and the property
returned to the owner or other person who is entitled to it.

5. Any photographs
and measurements certified under the provisions of this section]Photographs of the returned property are admissible in
evidence in lieu of the property [which is the
subject of the photographs, descriptions and measurements.

6.]in any criminal or civil proceeding if they are authenticated
or identified.

2. In the absence
of such a request, the prosecuting attorney may return the property to its
owner or a person who is entitled to possession of the property.

3. To be
admissible under this section, photographs of property must be accompanied by a
statement which contains:

(a) A written description
of the property;

(b) The name of the owner
of the property or other person to whom it was released; and

(c) The date the
photographs were taken.

The written description must be
signed, under penalty of perjury, by the peace officer who had custody of the
property.

4. Any
property subject to the provisions of this section which is not [disposed of]returned
under the provisions of this section must be disposed of as provided in
NRS 179.125 to 179.175, inclusive.

Sec. 4. NRS 73.040 is hereby
amended to read as follows:

73.040 [No
attorney fee shall be]Except as provided
by NRS 598.033 and 598.035, no attorneys fees are allowed either party
to an action mentioned or covered by this chapter.

________

κ1985
Statutes of Nevada, Page 798κ

CHAPTER 261, SB 364

Senate Bill No.
364Senator Glover

CHAPTER 261

AN ACT relating to gaming; allowing a credit
instrument to be dated later than the date of its execution; removing the
limitations on time for the presentment of a credit instrument for collection
or payment; and providing other matters properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.368 is
hereby amended to read as follows:

463.368 1. A credit
instrument accepted on or after June 1, 1983, is valid and may be enforced by
legal process.

2. A licensee or a person acting on the
licensees behalf may accept an incomplete credit instrument which:

(a) Is signed by a patron;

(b) Is dated; and

(c) States the amount of the debt in figures,

and may complete the instrument as is necessary for the
instrument to be presented for payment.

3. [No]A licensee or person acting on behalf of a
licensee [may accept]:

(a) May accept a
credit instrument that is dated later than the date of its execution [or]if that later
date is furnished at the time of the execution of the credit instrument by the
patron.

(b) May not accept a
credit instrument which is incomplete and cannot lawfully be completed
to comply with the requirements of NRS 104.3104 . [relating to a check.

4. Except as
otherwise provided in subsections 5 and 6, a credit instrument must be presented
to a bank for collection or payment:

(a) Within 45 calendar
days after it was accepted, if it is for an amount of not more than $5,000.

(b) Within 90 calendar
days after it was accepted, if it is for an amount of more than $5,000 but not
more than $50,000.

(c) Within 120 calendar
days after it was accepted if it is for an amount of more than $50,000.

5. Except as
otherwise provided in subsection 7, a credit instrument accepted on or after
June 1, 1983, may be redeemed in whole or in part by gaming tokens, cash or
another credit instrument if the redemption is applied to the most recent
credit instrument issued to the patron by the licensee.

6. Except as
otherwise provided in subsection 5 and this subsection, a credit instrument
issued in redemption of another instrument must be presented within the time
limited for the oldest instrument redeemed. If the instrument is for an amount
of:

(a) More than $5,000 but
not more than $50,000, it must be presented within 90 days after the date of
the oldest instrument redeemed.

(b) More than $50,000, it
must be presented within 120 days after the date of the oldest instrument
redeemed.

7. No licensee may
permit a credit instrument accepted on or after June 1, 1983, to be redeemed by
a patron pursuant to subsection 5 if the licensee holds a credit instrument
accepted from that patron before June 1, 1983, which has not been paid.

8. Failure to
present a credit instrument pursuant to subsections 4 and 6 does not affect the
validity or enforceability of that instrument.

9.]4. This section does not prohibit the
establishment of an account by a deposit of cash, recognized travelers check,
or any other instrument which is equivalent to cash.

[10.]5. Any person who violates the provisions
of this section is subject only to the penalties provided in NRS 463.310 to
463.318, inclusive.

6. The commission
may adopt regulations prescribing the conditions under which a credit
instrument may be redeemed or presented to a bank for collection or payment.

AN ACT relating to liquefied petroleum
gas; changing the name of the Nevada liquefied petroleum gas board; revising
the number and qualifications of its members; permitting more stringent
regulation of certain matters by local governments; and providing other matters
properly relating thereto.

[Approved May 23, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 590.475 is
hereby amended to read as follows:

590.475 As used in NRS 590.465 to
590.645, inclusive, unless the context or subject matter otherwise requires:

2. Liquefied petroleum gas, LPG or
LP-Gas means any material which is composed predominantly of any of the
following hydrocarbons, or mixtures of propane, proplyene, butanes, either
normal butane or isobutane, and butylenes.

Sec. 2. NRS 590.485 is
hereby amended to read as follows:

590.485 1. The [Nevada]board for
the regulation of liquefied petroleum gas , [board,] consisting of [five]six members
appointed by the governor, is hereby created.

2. The governor shall appoint [five members who have knowledge of the liquefied
petroleum gas industry.]:

(a) Four persons with
knowledge of the handling of liquefied petroleum gas;

(b) A representative of
the general public; and

(c) A person who has
expert knowledge of fighting fires fueled by liquefied petroleum gas, selected
from a list of three nominees submitted by the state fire marshal.

3. Any appointed member may, for cause,
inefficiency or neglect of duties, be removed from office by the governor.

4. The members of the board are not
entitled to compensation.

5. The subsistence allowances and travel
expenses of the members of the board must be paid out of the money of the
board, after approval by a majority of the board.

6. No more than three members of the
board may belong to the same political party.

Sec. 3. NRS 590.505 is
hereby amended to read as follows:

590.505 1. The board may
adopt a seal for its own use which must have imprinted thereon the words [Nevada Liquefied Petroleum Gas Board.]Board for the Regulation of Liquefied Petroleum Gas. The
care and custody of the seal is the responsibility of the secretary-treasurer
of the board.

2. The board may appoint an executive
secretary and such other technical, clerical or investigative personnel as it
deems necessary and fix the compensation of those appointees. The executive
secretary and all appointees must be paid out of the money of the board. The
board may require the executive secretary and any other appointees to give a
bond to the board for the faithful performance of their duties, the premiums on
the bond being paid out of the money of the board.

3. The board may adopt regulations
setting forth minimum general standards covering the design, construction,
location, installation and operation of equipment for storing, handling,
transporting by tank, truck, tank trailer, and utilizing liquefied petroleum
gases and specifying the odorization of the gases and the degree thereof.

4. The board may prescribe the method and
form of application for a liquefied petroleum gas license, investigate the
experience, reputation and background of applicants, issue, suspend, revoke or
deny licenses and conduct hearings in connection with the applications for, or
revocation of, licenses. In conducting hearings on the issuance or revocation
of any license, the board may compel the attendance of witnesses by use of subpena
and apply to the district court of the county where the hearing is held for an
order citing any applicant or witness for contempt, for failure to attend or
testify.

5. The board may suspend or revoke
licenses and refuse renewals of licenses when the applicant or licensee has
been guilty of acts of conduct, harmful to either the safety or protection of
the public.

6. In carrying out the provisions of NRS
590.465 to 590.645, inclusive, and holding its regular or special meetings, the
board may adopt bylaws setting forth procedures and methods of operation.

7. The board shall submit to the governor
a biennial report before September 1 of each even-numbered year, covering the
biennium ending June 30 of that year, of its transactions during the preceding
biennium, including a complete statement of the receipts and expenditures of
the board during the period.

8. The board shall keep accurate records
and minutes of all meetings and the records and minutes so kept must be open to
public inspection at all reasonable times. The board shall also keep a record
of all applications for licenses, and licenses issued by it, which is a public
record.

9. The board may adopt regulations
setting reasonable fees for applications, licenses and inspections. The board
may retain all such fees collected under the provisions of NRS 590.465 to
590.645, inclusive, for the maintenance of an office, the payment of salaries
and expenses and the carrying out of the provisions of NRS 590.465 to 590.645,
inclusive.

10. The board may conduct examinations of
any applicant to determine the responsibility, ability, knowledge, experience
or other qualification of the applicant for a license under NRS 590.465 to
590.645, inclusive, and may require a reasonable amount of personal injury and
property damage insurance coverage.

11. The board may grant variances from
its regulations when it deems it to the best interest of the safety of the
public or the persons using LPG materials or services.

Sec. 4. NRS 590.545 is
hereby amended to read as follows:

590.545 [No
municipality or other]

1. Except as
provided in subsection 2, no political subdivision [shall]may adopt
or enforce any ordinance or regulation in conflict with the provisions of NRS
590.465 to 590.645, inclusive, or with the [rules,
regulations or specifications promulgated under]regulations adopted pursuant to NRS 590.515.

2. If a political
subdivision determines that higher or more stringent standards concerning a
particular installation or storage of liquefied petroleum gas within its
jurisdiction are necessary, it may request the board to consider the matter at
a joint public meeting. The board shall schedule and conduct such a meeting
within 30 days after receiving the request. If, at the joint meeting, a
majority of the members of the board and a majority of the members of the
governing body of the political subdivision agree:

(a) That higher or more
stringent standards should apply in that particular case; and

(b) Upon what those
standards should be, then the governing body of
the political subdivision may adopt those standards for that particular case.

then the governing body of the
political subdivision may adopt those standards for that particular case.

________

CHAPTER 263, AB 355

Assembly Bill No.
355Committee on Labor and Management

CHAPTER 263

AN ACT relating to unemployment
compensation; disqualifying for benefits a person who receives benefits for a
temporary total disability; and providing other matters properly relating
thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 612.185 is
hereby amended to read as follows:

612.185 1. [An individual]A
person shall be deemed unemployed in any week during which he performs
no services and with respect to which no remuneration is payable to him or in
any week of less than full-time work if the remuneration payable to him with
respect to such week is less than his weekly benefit amount if he has no
dependents or less than his augmented weekly benefit amount if he has
dependents.

2. The executive director shall [prescribe]adopt regulations
applicable to unemployed [individuals,]persons, making such distinctions in the
procedures as to total unemployment, [part-total
unemployment,] partial unemployment [of
individuals attached to their regular jobs,]of persons who were totally unemployed, partial unemployment
of persons who retain their regular employment and other forms of [short-time]part-time
work, as the executive director deems necessary.

3. No [individual]person shall be deemed to be unemployed in any
week in which he [is self-employed.]:

(a) Is self-employed; or

(b) Receives benefits for
a temporary total disability pursuant to chapter 616 or 617 of NRS.

AN ACT relating to air pollution; allowing
varied standards for emissions from mobile internal combustion engines; requiring
approval by the department of motor vehicles of standards regarding motor
vehicles; and providing other matters properly relating thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 445.620 is
hereby amended to read as follows:

445.620 1. The state
environmental commission may by regulation prescribe standards for exhaust
emissions, fuel evaporative emissions and visible [smoke]
emissions of smoke from mobile internal
combustion engines on the ground or in the air, including but not limited to
aircraft, motor vehicles, snowmobiles and railroad locomotives.

2. Standards for exhaust emissions which
apply to a trimobile must be based on standards which were in effect in the
year in which the engine of the trimobile was built.

3. [Such
regulations must be uniform throughout the state.]Any such standards which pertain to motor vehicles must be
approved by the department of motor vehicles before they are adopted by the
commission.

________

CHAPTER 265, SB 269

Senate Bill No.
269Senators Townsend and OConnell

CHAPTER 265

AN ACT relating to gambling; requiring
those amounts paid for annuities for any deferred payment of winnings to be
deducted from the computations of gross revenue received by gaming
establishments; and providing other matters properly relating thereto.

[Approved May 24 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.0161 is
hereby amended to read as follows:

463.0161 Gross revenue means the total
of all:

1. Cash received as winnings;

2. Cash received in payment for credit
extended by a licensee to a patron for purposes of gaming; and

3. Compensation received for conducting
any game in which the licensee is not party to a wager,

less [only] the
total of all cash paid out as losses to patrons [.]and those amounts paid to purchase annuities to fund
losses paid to patrons over several years by independent financial
institutions.

463.3715 In calculating gross revenue,
any prizes, premiums, drawings, benefits or tickets which are redeemable for
money or merchandise or other promotional allowance, except money or tokens
paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund
winnings paid to that patron over several years by an independent financial
institution, must not be deducted as losses from winnings.

________

CHAPTER 266, SB 221

Senate Bill No.
221Senators Foley and Wagner

CHAPTER 266

AN ACT relating to gaming; providing for
the forfeiture of the earnings of a former licensee under certain conditions
after the appointment of a supervisor; providing staggered terms for members of
the Nevada gaming commission; and providing other matters properly relating
thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463B.200 is
hereby amended to read as follows:

463B.200 [Subject]

1. Except as
provided in subsection 2 and subject to prior approval by the court
which appointed him, a supervisor may, consistently with regulations to be
adopted by the commission, make periodic distribution of earnings to [its]the former
legal [owners.]owner of the gaming establishment.

2. Upon petition
to the court by the commission, earnings that would otherwise be distributed
under subsection 1 must, except as provided in this subsection, be paid into
the court pending judicial review of the final determination of the commission.
An amount of the earnings which represents the reasonable rental value of the
premises must be retained by the supervisor for distribution to the former
legal owner. If the commissions order is upheld after final judicial review
and the gaming establishment is sold pursuant to this chapter, all earnings,
except the amount representing the reasonable rental value of the premises as
determined by the court, which were paid into the court under this subsection
are forfeited and must be deposited in the state general fund. If that order is
reversed or otherwise modified and the former legal owner regains his license,
the earnings must be distributed to him.

Sec. 2. The governor shall
appoint to the Nevada gaming commission to terms commencing on April 28, 1987:

AN ACT making an appropriation to the
youth services division of the department of human resources for the
construction of permanent housing for the youth camp at China Springs; and
providing other matters properly relating thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the youth services division of the
department of human resources the sum of $50,000 for the construction of
permanent housing for the youth camp at China Springs.

Sec. 2. The money appropriated
pursuant to section 1 of this act must be used by the division only in a ratio
of $1 from this appropriation for each $1 obtained by the division in cash or
in kind from local governmental entities or private donors for that
construction.

Sec. 3. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT relating to state parks;
prohibiting the expansion of undeveloped areas surrounding the parks without
consulting the local government; and providing other matters properly relating
thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 407.063 is
hereby amended to read as follows:

407.063 1. The
administrator may acquire for the division, subject to the approval of the
director and with the concurrence of the interim finance committee, and within
the limits of legislative appropriation where money is required, real or
personal property by lease or purchase. The right of eminent domain as provided
by chapter 37 of NRS may be exercised by the division.

NRS may be exercised by the division. The interim finance
committee may clarify the legislative intent of an appropriation at the request
of the director, any member of the commission or the administrator.

2. Before
approving the acquisition of real property to expand the area of land that
surrounds a state park and in which development is to be restricted, the
interim finance committee shall consult the governing body of the county, city
or town in which the land to be acquired is located.

AN ACT relating to public lands; providing
for the disposition of revenue received by the state from the lease of federal
lands; and providing other matters properly relating thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 328 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 5, inclusive, of this act.

Sec. 2. 1. The state treasurer shall deposit in the state
distributive school fund money received in each fiscal year pursuant to 30
U.S.C. § 191 in an amount not to exceed $10,000,000.

2. Any amount
received in a fiscal year by the state treasurer pursuant to 30 U.S.C. § 191 in
excess of $10,000,000 must be deposited in the account for revenue from the
lease of federal lands, which is hereby created.

3. The interest
and income earned on the money in the account, after deducting any applicable
charges, must be credited to the account.

Sec. 3. The state controller shall apportion money in the account for
revenue from the lease of federal lands as follows:

1. Twenty-five
percent to the state distributive school fund.

2. Fifty percent
to the counties from which the fuels, minerals and geothermal resources are
extracted. Of the amount received by each county, one-fourth must be
distributed to the school district in that county.

3. Twenty-five
percent to the office of community services for distribution as grants to
agencies and political subdivisions of the state.

Sec. 4. 1. The state controller shall ascertain from the
reports received by the state treasurer the portion of money in the account for
revenues from the lease of federal lands attributable to activities in each
county and apportion the money payable to counties accordingly.

2. All money
received:

(a) By the county
treasurer pursuant to this section must be deposited in the general fund of the county or the county school district
fund, as the case may be; and

in the general fund of the county or
the county school district fund, as the case may be; and

(b) By a county or school
district must be used for:

(1) Construction
and maintenance of roads and other public facilities;

(2) Public
services; and

(3) Planning.

Sec. 5. 1. Money received by the office of community
services pursuant to section 3 of this act must be distributed to agencies and
political subdivisions of the state as grants for:

(a) Projects to
demonstrate uses for geothermal and solar energy and other alternative sources
of energy;

(b) Research to stimulate
the use and production of energy from alternative sources;

(c) Projects to assess
potential alternative sources of energy;

(d) Projects to increase
available supplies of fossil and synthetic fuels and electricity and to
increase the stability of those supplies;

(e) Studies of the
possible social, economic and environmental effects of the use of alternative
sources of energy and means of mitigating those effects;

(f) State and local plans
for the development and use of alternative sources of energy;

(g) Projects to convert
existing public facilities to the use of alternative sources of energy; and

(h) Establishing a
program to provide loans, at low interest or that may be forgiven, to encourage
the use of alternative sources of energy.

2. The governing
body of any political subdivision may apply to the office of community services
for a grant pursuant to this section.

3. The director of
the office of community services shall review all applications for grants and
forward his recommendations to the interim finance committee for its approval.
The distribution of such grants must be made without regard to whether fuels,
minerals or geothermal resources were extracted from the county in which the
political subdivision applying for the grant is located. No money may be
committed pursuant to this section until the grant is approved by the interim
finance committee.

4. A political
subdivision which receives such a grant shall maintain an account for that
money separate from other accounts or funds.

5. Any money
received by the office of community services from the state treasurer pursuant
to section 3 of this act which has not been granted to a political subdivision
within 1 year after the date on which that money from the lease of federal
lands is received must be returned to the state treasurer and deposited in the
state distributive school fund.

Sec. 6. NRS 218.6825 is
hereby amended to read as follows:

218.6825 1. There is hereby
created in the legislative counsel bureau an interim finance committee composed
of the members of the assembly standing committee on ways and means and the
senate standing committee on finance during the current or immediately
preceding session of the legislature.

session of the legislature. The immediate past chairman of
the senate standing committee on finance is the chairman of the interim finance
committee for the period ending with the convening of each even-numbered
regular session of the legislature. The immediate past chairman of the assembly
standing committee on ways and means is the chairman of the interim finance
committee during the next legislative interim, and the chairmanship alternates
between the houses of the legislature according to this pattern.

2. If any regular member of the committee
informs the secretary that he will be unable to attend a particular meeting,
the secretary shall notify the speaker of the assembly or the majority leader
of the senate, as the case may be, to appoint an alternate for that meeting
from the same house and political party as the absent member.

3. The interim finance committee, except
as provided in subsection 4, may exercise the powers conferred upon it by law
only when the legislature is not in regular or special session. The membership
of any member who does not become a candidate for reelection or who is defeated
for reelection continues until the next session of the legislature is convened.

4. During a regular session the interim
finance committee may also perform the duties imposed on it by subsection 3 of section 5 of this act, by subsection 1
of section 3 of [this act,]Assembly Bill No, 176 of this session, and by NRS
353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In
performing those duties, the senate standing committee on finance and the
assembly standing committee on ways and means may meet separately and transmit
the results of their respective votes to the chairman of the interim finance
committee to determine the action of the interim finance committee as a whole.

5. The director of the legislative
counsel bureau shall act as the secretary of the interim finance committee.

6. A majority of the members of the
assembly standing committee on ways and means and a majority of the members of
the senate standing committee on finance, jointly, may call a meeting of the
interim finance committee if the chairman does not do so.

7. In all matters requiring action by the
interim finance committee, the vote of the assembly and senate members must be
taken separately. An action must not be taken unless it receives the
affirmative vote of a majority of the assembly members and a majority of the
senate members.

8. Except during a regular or special
session of the legislature, each member of the interim finance committee and
appointed alternate is entitled to receive the compensation provided for a
majority of the members of the legislature during the first 60 days of the
preceding regular session for each day or portion of a day during which he
attends a committee meeting or is otherwise engaged in committee work plus the
per diem allowance and travel expenses provided for state officers and
employees generally. All such compensation must be paid from the contingency
fund in the state treasury.

AN ACT relating to bail; expanding the
factors for consideration for release of a person without bail; expanding the
factors for the determination of the amount of bail; and providing other matters
properly relating thereto.

[Approved May 24, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.4853 is
hereby amended to read as follows:

178.4853 In deciding whether there is
good cause to release a person without bail, the court as a minimum shall
consider the following factors concerning the person:

1. The length of his residence in the
community;

2. The status and history of his
employment;

3. His relationships with his spouse and
children, parents or other members of his family and with his close friends;

4. His reputation, character and mental
condition;

5. His prior criminal record, including
any record of his appearing or failing to appear after release on bail or
without bail;

6. The identity of responsible members of
the community who would vouch for the defendants reliability;

7. The nature of the offense with which
he is charged, the apparent probability of conviction and the likely sentence,
insofar as these factors relate to the risk of his not appearing; [and]

8. The nature and
seriousness of the danger to any person or the community that would be posed by
the persons release;

9. The likelihood
of more criminal activity by the person after he is released; and

10. Any
other factors concerning his ties to the community or bearing on the risk that
he may willfully fail to appear.

Sec. 2. NRS 178.498 is
hereby amended to read as follows:

178.498 If the defendant is admitted to
bail, the [amount thereof shall be such as]bail must be set at an amount which in the
judgment of the magistrate will [insure the
presence]reasonably ensure the appearance
of the defendant [,]and the safety of other persons and of the community, having
regard to:

AN ACT relating to dealers of manufactured
homes, mobile homes and commercial coaches; removing the requirement for the
filing of an annual report concerning trust accounts; and providing other matters
properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 489.724 is
hereby amended to read as follows:

489.724 1. All down
payments, deposits of earnest money, proceeds of loans or other money which a
dealer receives, on behalf of his principal or any other person, must be
deposited in a separate checking account, which must be designated a trust
account, in a financial institution in this state whose deposits are insured by
an agency of the Federal Government.

2. Every dealer required to maintain a
separate or trust account shall keep records of all money deposited therein.
The records must clearly indicate the date and from whom he received money, the
date deposited, the dates of withdrawals, and other pertinent information
concerning the transaction, and must show clearly for whose account the money
is deposited and to whom the money belongs. All such records and money are
subject to inspection and audit by the division and its authorized
representatives. All such separate trusts accounts must designate the dealer as
trustee and provide for the withdrawal of money
without previous notice.

3. Each dealer shall notify the division
of the names of the financial institutions in which he maintains trust accounts
and specify the names of the accounts on forms provided by the division.

[4. On or
before June 30 of each year, each dealer shall file with the division a report
of his trust account for the preceding calendar year which was prepared by a
registered or certified public accountant. The report must be prepared in
accordance with generally accepted auditing standards.]

Sec. 2. This act becomes
effective upon passage and approval.

________

κ1985
Statutes of Nevada, Page 811κ

CHAPTER 272, AB 131

Assembly Bill No.
131Committee on Education

CHAPTER 272

AN ACT relating to vocational education;
requiring the boards of trustees of certain school districts to establish
schools for vocational education; changing the statutory terminology; and
providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.010 is
hereby amended to read as follows:

385.010 1. A department of
education is hereby created.

2. The department consists of the state
board of education, the state board for [vocational]occupational education and the superintendent of
public instruction.

3. The superintendent of public
instruction is the executive head of the department.

Sec. 2. NRS 387.050 is
hereby amended to read as follows:

387.050 1. The State of
Nevada accepts the provisions of, and all of the money provided by, the
Vocational Education Act of 1963, and any amendments thereof or supplements
thereto.

2. In addition to the provisions of
subsection 1, the state board for [vocational]occupational education may accept , and adopt regulations or establish policies for the
disbursement of , money appropriated by any Act
of Congress and apportioned to the State of Nevada for use in connection with
the [vocational education program.]program for occupational education.

3. In accepting the benefits of the Acts
of Congress referred to in subsections 1 and 2, the State of Nevada agrees to
comply with all of their provisions and to observe all of their requirements.

4. The state treasurer is designated
custodian of all money received by the State of Nevada from the appropriations
made by the Acts of Congress referred to in subsections 1 and 2, and he may
receive and provide for the proper custody thereof and make disbursements
therefrom in the manner provided in the acts and for the purposes therein
specified on warrants of the state controller issued upon the order of the
executive officer of the state board for [vocational]occupational education.

5. On warrants of the state controller
issued upon the order of the executive officer of the state board for [vocational]occupational
education pursuant to regulations or policies of the board, the state
treasurer shall also pay out any money appropriated by the State of Nevada [for the purpose of carrying]to carry out the provisions of this section.

Sec. 3. NRS 388.330 is
hereby amended to read as follows:

388.330 The state board for [vocational education shall consist]occupational education consists of the members of the
state board of education.

388.340 1. The
superintendent of public instruction shall serve as executive officer of the
state board for [vocational]occupational education.

2. The executive officer shall:

(a) Employ personnel for such positions as are
approved by the state board for [vocational]occupational education and necessary to carry out
properly the provisions of this Title relating to [vocational]occupational education.

(b) Carry into effect [such]the regulations [as]of the state board for [vocational
education may require.]occupational
education.

(c) Maintain an office for the board.

(d) Keep all records of the board in the office
of the board.

Sec. 5. NRS 388.350 is
hereby amended to read as follows:

388.350 The state board for [vocational]occupational
education may hold at least four meetings regularly in each year at the
state capital, coincident with the meetings of the state board of education.

Sec. 6. NRS 388.360 is
hereby amended to read as follows:

388.360 The state board for [vocational]occupational
education may:

1. Cooperate with any federal agency,
board or department designated to administer the Acts of Congress apportioning
federal [vocational education] money
to the State of Nevada [.]for occupational education.

2. Establish policies and adopt
regulations for the administration of any legislation enacted pursuant thereto
by the State of Nevada.

3. Establish policies and adopt
regulations for the administration of money provided by the Federal Government
and the State of Nevada for the promotion, extension and improvement of [vocational]occupational
education in [agricultural subjects, trade
and industrial subjects, home economics subjects, distributive occupation
subjects, practical nursing subjects, vocational guidance services and other subjects
which may be included in the vocational education program in the State of]
Nevada.

4. Establish policies or regulations and
formulate plans for the promotion of [vocational]occupational education in such subjects as are an
essential and integral part of the [public school]
system of public education in the State of
Nevada.

5. Establish policies to provide for the
preparation of teachers of such programs and subjects.

6. Approve positions for such [officials and assistants]persons as may be necessary to administer the federal
act and provisions of this Title enacted pursuant thereto for the State of
Nevada.

7. Direct its executive officer to make
studies and investigations relating to [vocational]occupational education.

8. Establish policies to promote and aid
in the establishment by local communities of schools, departments or classes
giving training in [vocational]occupational subjects.

9. Cooperate with local communities in
the maintenance of such schools, departments or classes.

10. Prescribe qualifications for the
teachers, directors and supervisors of [vocational]occupational subjects.

11. Provide for the certification of such
teachers, directors and supervisors.

12. Establish policies or regulations to
cooperate in the maintenance of classes supported and controlled by the public
for the preparation of the teachers, directors and supervisors of [vocational]occupational
subjects, or maintain such classes under its own direction and control.

13. Establish by regulation the
qualifications required for persons engaged in the training of [vocational]occupational
teachers.

Sec. 7. NRS 388.365 is
hereby amended to read as follows:

388.365 1. All gifts of
money which the state board for [vocational]occupational education is authorized to accept
must be deposited in a permanent trust fund in the state treasury designated as
the [vocational education] gift
fund [.]for
occupational education.

2. The money available in the [vocational education gift] fund must be
used only for the purpose specified by the donor, within the scope of the
boards powers and duties. The board may adopt regulations or establish
policies for the disbursement of money from the fund in accordance with the
terms of the gift or bequest on warrants of the state controller issued upon
the orders of the executive officer of the state board for [vocational]occupational
education. Any expenditures pursuant to this section may include
matching state and federal money available for [vocational]occupational education.

3. If all or part of the money accepted
by the board from a donor is not expended before the end of the fiscal year in
which the gift was accepted, the remaining balance of the amount donated must
remain in the [vocational education gift]
fund until needed for the purpose specified by the donor.

Sec. 8. NRS 388.370 is
hereby amended to read as follows:

388.370 The executive officer of the
state board for [vocational]occupational education shall make a report biennially
to the governor.

Sec. 9. NRS 388.380 is
hereby amended to read as follows:

388.380 [Any]The board of trustees of a school district in a county
whose population is 100,000 or more shall and any other board of
trustees of a school district may:

1. Establish and maintain [vocational]occupational
schools or classes giving instruction in [agricultural
subjects, trade and industrial subjects, home economics subjects, distributive
occupation subjects, practical nursing subjects, vocational guidance services
and such other subjects as may be included in the vocational education program
in the State of Nevada.]the subjects
approved by the state board for occupational education.

2. Raise and expend money for the
establishment and maintenance of [such vocational]occupational schools or classes . [in the same manner in which moneys are raised and expended for other public
school purposes.

manner in which moneys are raised and
expended for other public school purposes. Moneys so raised may be expended in
providing vocational education as outlined in this Title of NRS.]

Sec. 10. NRS 388.390 is
hereby amended to read as follows:

388.390 [Whenever
any]When the board of trustees of
a school district has organized a [vocational]
school or classes for occupational education in
accordance with the regulations adopted by the
state board for [vocational education, which
vocational]occupational education and the
school or classes have been approved by the executive officer of the
state board for [vocational]occupational education, the school district is entitled
to share in federal and state money available for the promotion of [vocational]occupational
education in the amount determined by the executive officer of the state
board for [vocational]occupational education, in accordance with the
regulations and policies of the board.

Sec. 11. NRS 388.400 is
hereby amended to read as follows:

388.400 1. The money for [vocational education, which consists of agricultural
education, trade and industrial education, home economics education,
distributive education, practical nursing education, and such other phases of
vocation education as the state board for vocational education may approve for
adoption in Nevada schools, shall]occupational
education must be provided for and raised in the manner specified in NRS
387.050 and 388.330 to 388.400, inclusive.

2. The state treasurer is custodian of [such]the money
and he shall make disbursements therefrom on warrants of the state controller
issued upon the order of the executive officer of the state board for [vocational]occupational
education.

Sec. 12. NRS 231.064 is
hereby amended to read as follows:

231.064 In addition to its other duties,
the commission on economic development shall:

1. Investigate and study conditions
affecting Nevada business, industry and commerce, and engage in technical
studies, scientific investigations, statistical research and educational
activities necessary or useful for the proper execution of the function of the
division in promoting and developing Nevada business, industry and commerce,
both within and outside the state.

2. Conduct or encourage research designed
to further new and more extensive uses of the natural and other resources of
the state and designed to develop new products and industrial processes.

3. Serve as a center of public
information for the State of Nevada by answering general inquiries concerning
the resources and economic, residential and recreational advantages of this
state and by furnishing information and data on these and related subjects.

4. Prepare and publish pamphlets and
other descriptive material designed to promote industrial development in
Nevada, including a regularly revised industrial directory for the state.

5. Plan and develop an effective service
for business information, both for the direct assistance of business and
industry of the state and for the encouragement of
business and industry outside the state to use economic facilities within the
state, including readily accessible information on state and local taxes, local
zoning regulations and environmental standards, the availability and cost of
real estate, labor, energy, transportation and [vocational training]
occupational education and related subjects.

for the encouragement of business and industry outside the
state to use economic facilities within the state, including readily accessible
information on state and local taxes, local zoning regulations and
environmental standards, the availability and cost of real estate, labor,
energy, transportation and [vocational training]occupational education and related subjects.

Sec. 13. NRS 233D.060 is
hereby amended to read as follows:

233D.060 The council shall:

1. Study the needs of all children and
assist in planning for the improvement and most effective use of voluntary and
tax-supported programs at the state and local levels.

2. Study programs for children in Nevada
and in other states, and make reports and advise public and private bodies
throughout the state on matters relevant to the protection, growth and
development of children.

3. Advise state departments concerning
programs relating to the well-being of children.

4. Make recommendations on needed
legislative action on behalf of children.

5. Promote adequate educational services
and training programs for children, including exceptional children, in all
parts of the state.

6. Promote social service and [vocational]occupational
guidance, training and placement for all children who require them,
including exceptional children and those youth who leave school [prior to high school graduation,]without being graduated from high school, and promote
adequate special facilities for children maladjusted to their home
surroundings.

7. Promote adequate provisions throughout
the state for diagnosis and treatment of children who may require special
medical services.

9. Publish such pamphlets and other
material as it deems necessary or desirable concerning the work of the council
and make an appropriate charge therefor.

Sec. 14. NRS 277.065 is
hereby amended to read as follows:

277.065 1. Within the limits
of [appropriated money,]legislative appropriations, the department of
education, the county school districts of the various counties of the state,
the Nevada youth training center bureau and the Nevada girls training center
bureau of the youth services division of the department of human resources may
enter into cooperative arrangements for the purpose of improving the quality of
the academic and [vocational]occupational education provided at the Nevada youth
training center and Nevada girls training center.

2. This authorization includes the right
to pay over money appropriated to the Nevada youth training center or Nevada
girls training center to the department of education or to a county school
district when necessary to accomplish the purpose of this section.

435.230 In order to qualify for the aid
provided for by NRS 435.130 to 435.320, inclusive, a center must:

1. File an application with the division
for a certificate of qualification, which [shall]must include:

(a) The name and address of the center.

(b) The names, addresses and qualifications of
the administrative personnel of the center.

(c) An outline of the educational, [vocational and care]occupational and therapeutic program to be offered.

(d) The number of [enrollees
or expected enrollees.]persons enrolled
or expected.

(e) An affidavit that the center is nonsectarian
and a nonprofit organization under the Internal Revenue Code of 1954 as amended
(26 U.S.C. § 501(c)(3)).

(f) The number and qualifications of [staff personnel.]the staff.

(g) A complete and detailed proposed financial
statement for the operations for the coming year.

(h) Any other information which the division may
[, in its discretion,] require.

2. Each year after the original
application is made under subsection 1, file an application for renewal of the certificate of qualification, which [shall]must contain:

(a) The information required by subsection 1.

(b) The total number of [staff
members, enrollees]members of the staff,
persons enrolled, and days of care and training that the center provided
during the previous year.

(c) The number [of
enrollees]enrolled and days of
care and training that the center provided during the previous year to [such enrollees]those
enrolled who qualify for aid under the terms of NRS 435.130 to 435.320,
inclusive, and the standards established by the division.

(d) A financial statement clearly showing all
income received by the center during the previous year and the sources thereof.

(e) Any other information that the division may [, in its discretion,] require.

3. Be inspected by a member or authorized
agent of the division to determine [if]whether the centers facilities are proper and
adequate.

5. Maintain standards not inconsistent
with those required by NRS 435.130 to 435.320, inclusive, or established by the
division to qualify for [funds]money from other sources, such as United Fund and
United States Government programs.

6. Before certifying an [enrollee]applicant
for enrollment as mentally retarded, require:

(b) Substantiation, through evaluation by a
qualified diagnostic team.

7. Meet all other standards set by the
division.

Sec. 16. NRS 435.300 is
hereby amended to read as follows:

435.300 1. No center may receive
aid under the provisions of NRS 435.130 to 435.320, inclusive, for [enrollees]persons
enrolled who would otherwise qualify for care or training under [programs]a
program offered to the mentally or functionally retarded in the school
district in which [the enrollee]that person lives or by the county where [the enrollee]he lives.

2. The provisions of subsection 1 do not
preclude aid on account of [enrollees]persons who are receiving [vocational]occupational education at any center in
conjunction with a schools program of special
education . [program.]

Sec. 17. NRS 563.030 is hereby
amended to read as follows:

563.030 1. One member of the
board [shall]must be a member of the teaching staff of the college
of agriculture of the University of Nevada System;

2. One member of the board [shall]must be
a member of the staff of the agricultural extension department of the public
service division of the University of Nevada System;

3. One member of the board [shall]must be
a member of the staff of the state board for [vocational]occupational education; and

4. Four members of the board [shall]must be
persons concerned with the raising and improving of livestock in the State of
Nevada, not necessarily stock raisers, selected as follows:

(a) Two persons [from
the]whose interest is in cattle
and sheep ; [industry;]

(b) One person [from
the horse industry;]whose interest is in
horses; and

(c) One person [from
the dairy industry.]whose interest is in
dairying.

All members [shall]must be residents of the State of Nevada.

Sec. 18. NRS 563.100 is
hereby amended to read as follows:

563.100 1. The Nevada junior
livestock show board shall each year conduct the junior livestock show, the
Nevada youth livestock and dairy show and the Nevada state horse program at
places to be determined by the board.

2. To enter any exhibition named in
subsection 1, a person must be:

(a) Certified by the state 4-H club leader or
the state supervisor of [vocational]occupational agricultural education; and

(b) Under 19 years of age except that the board,
upon considering the requirements of a specific event involved may allow entry
by a person 19 years of age or older who is registered as a regular student in
an animal science course under the University of Nevada System.

3. Entries of animals in any exhibition
named in subsection 1 are limited to those owned or controlled according to [exhibition requirements.]the requirements of the exhibition.

610.030 1. A state
apprenticeship council composed of seven members is hereby created.

2. The labor commissioner shall appoint:

(a) Three members who are representatives from
employer associations.

(b) Three members who are representatives from
employee organizations.

(c) One member who is a representative from the
general public, who, before his appointment, must first receive the unanimous
approval of the members appointed under the provisions of paragraphs (a) and
(b) of this subsection.

3. The state official who has been
designated by the state board for [vocational]occupational education as being in charge of
trade and industrial education [shall be]is an ex officio member of the state apprenticeship
council but [without a]may not vote.

Sec. 20. The legislative
counsel, in preparing the supplement to the Nevada Revised Statutes, with
respect to any section which is not amended by this act or is enacted or
further amended by another act shall appropriately correct any references in a
manner consistent with this act.

________

CHAPTER 273, AB 381

Assembly Bill No.
381Assemblyman Stone

CHAPTER 273

AN ACT relating to traffic laws;
increasing the maximum penalty for causing death or substantial bodily harm
while driving under the influence of intoxicating liquor or a controlled
substance; and providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.3795 is
hereby amended to read as follows:

484.3795 1. Any person who,
while under the influence of intoxicating liquor or with 0.10 percent or more
by weight of alcohol in his blood, or while under the influence of a controlled
substance, or under the combined influence of intoxicating liquor and a
controlled substance, or any person who inhales, ingests, applies or otherwise
uses any chemical, poison or organic solvent, or any compound or combination of
any of these, to a degree which renders him incapable of safely driving or
exercising actual physical control of a vehicle, does any act or neglects any
duty imposed by law while driving or in actual physical control of any vehicle
on or off the highways of this state, if the act or neglect of duty proximately
causes the death of, or substantial bodily harm to, any
person other than himself, shall be punished by imprisonment in the state
prison for not less than 1 year nor more than [6] 20 years and must be further
punished by a fine of not less than $2,000 nor more than $5,000.

harm to, any person other than himself, shall be punished by
imprisonment in the state prison for not less than 1 year nor more than [6]20 years
and must be further punished by a fine of not less than $2,000 nor more than
$5,000. A person so imprisoned must be segregated insofar as practicable from
offenders whose crimes were violent, and must be assigned to an institution of
minimum security or, if space is available, to an honor camp, restitution
center or similar facility.

2. No prosecuting attorney may dismiss a
charge of violating the provisions of subsection 1 in exchange for a plea of
guilty or nolo contendere to a lesser charge or for any other reason unless he
knows or it is obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. A sentence imposed pursuant to
subsection 1 may not be suspended nor may probation be granted.

________

CHAPTER 274, AB 433

Assembly Bill No.
433Assemblymen Nicholas and Bergevin

CHAPTER 274

AN ACT relating to the Tahoe Regional
Planning Compact; changing the composition of the governing body established by
it; removing the expired provision for a moratorium; and providing other matters
properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 277.200 is
hereby amended to read as follows:

277.200 The Tahoe Regional Planning
Compact is as follows:

Tahoe Regional
Planning Compact

ARTICLE I. Findings and Declarations of Policy

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other
resources of the region are threatened with deterioration or degeneration,
which endangers the natural beauty and economic productivity of the region.

(2) The public and private interests and
investments in the region are substantial.

(3) The region exhibits unique
environmental and ecological values which are irreplaceable.

(4) By virtue of the special conditions
and circumstances of the regions natural ecology, developmental pattern,
population distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.

(5) Increasing urbanization is
threatening the ecological values of the region and threatening the public
opportunities for use of the public lands.

(6) Maintenance of the social and
economic health of the region depends on maintaining the
significant scenic, recreational, educational, scientific, natural and public
health values provided by the Lake Tahoe Basin.

depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by the Lake
Tahoe Basin.

(7) There is a public interest in
protecting, preserving and enhancing these values for the residents of the
region and for visitors to the region.

(8) Responsibilities for providing
recreational and scientific opportunities, preserving scenic and natural areas,
and safeguarding the public who live, work and play in or visit the region are
divided among local governments, regional agencies, the states of California
and Nevada, and the Federal Government.

(9) In recognition of the public
investment and multistate and national significance of the recreational values,
the Federal Government has an interest in the acquisition of recreational
property and the management of resources in the region to preserve
environmental and recreational values, and the Federal Government should assist
the states in fulfilling their responsibilities.

(10) In order to preserve the scenic
beauty and outdoor recreational opportunities of the region, there is a need to
insure an equilibrium between the regions natural endowment and its man-made
environment.

(b) In order to enhance the efficiency and
governmental effectiveness of the region, it is imperative that there be
established a Tahoe Regional Planning Agency with the powers conferred by this
compact including the power to establish environmental threshold carrying
capacities and to adopt and enforce a regional plan and implementing ordinances
which will achieve and maintain such capacities while providing opportunities
for orderly growth and development consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall
interpret and administer its plans, ordinances, rules and regulations in
accordance with the provisions of this compact.

ARTICLE II. Definitions

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent
parts of Douglas and Washoe counties and Carson City, which for the purposes of
this compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado
lying within the Tahoe Basin in the State of California, and that additional
and adjacent part of the County of Placer outside of the Tahoe Basin in the
State of California which lies southward and eastward of a line starting at the
intersection of the basin crestline and the north boundary of Section 1, thence
west to the northwest corner of Section 3, thence south to the intersection of
the basin crestline and the west boundary of Section 10; all sections referring
to Township 15 North, Range 16 East, M.D.B. & M. The region defined and
described herein shall be as precisely delineated on official maps of the
agency.

(f) Gaming means to deal, operate, carry on,
conduct, maintain or expose for play any banking or percentage game played with
cards, dice or any mechanical device or machine for money, property, checks,
credit or any representative of value, including, without limiting the
generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan,
twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud
poker, draw poker or slot machine, but does not include social games played
solely for drinks, or cigars or cigarettes served individually, games played in
private homes or residences for prizes or games operated by charitable or
educational organizations, to the extent excluded by applicable state law.

(g) Restricted gaming license means a license
to operate not more than 15 slot machines on which a quarterly fee is charged
pursuant to NRS 463.373 and no other games.

(h) Project means an activity undertaken by
any person, including any public agency, if the activity may substantially
affect the land, water, air, space or any other natural resources of the
region.

(i) Environmental threshold carrying capacity
means an environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region or to
maintain public health and safety within the region. Such standards shall
include but not be limited to standards for air quality, water quality, soil
conservation, vegetation preservation and noise.

(j) Feasible means capable of being
accomplished in a successful manner within a reasonable period of time, taking
into account economic, environmental, social and technological factors.

(k) Areas open to the public use means all of
the areas within a structure housing gaming under a nonrestricted license
except areas devoted to the private use of guests.

(l) Areas devoted to private use of guests
means hotel rooms and hallways to serve hotel room areas, and any parking
areas. A hallway serves hotel room areas if more than 50 percent of the areas
on each side of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming
license which is not a restricted gaming license.

ARTICLE III. Organization

(a) There is created the Tahoe Regional Planning
Agency as a separate legal entity.

(A) One member appointed by each of the County
Boards of Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any such member
may be a member of the county board of supervisors or city council,
respectively, and shall reside in the territorial jurisdiction of the
governmental body making the appointment.

(B) Two members appointed by the Governor of
California, one member appointed by the Speaker of the Assembly of California
and one member appointed by the Senate Rules Committee of the State of
California. The members appointed pursuant to this subparagraph shall not be
residents of the region and shall represent the public at large within the
State of California.

(2) Nevada delegation:

(A) One member appointed by each of the boards
of county commissioners of Douglas and Washoe counties and one member appointed
by the board of supervisors of Carson City. Any such member may be a member of
the board of county commissioners or board of supervisors, respectively, and [shall]must reside
in the territorial jurisdiction of the governmental body making the
appointment.

(B) [One member]Two members appointed by the governor of Nevada . [, the secretary of
state of Nevada or his designee, and the director of the state department of
conservation and natural resources of Nevada or his designee. Except for the
secretary of state and the director of the state department of conservation and
natural resources, the members or designees appointed pursuant to this
subparagraph shall not be residents of the region. All members appointed
pursuant to this subparagraph shall represent the public at large within the
State of Nevada.]

(C) One member appointed [for
a 1-year term by the six other members of the Nevada delegation. If at least
four members of the Nevada delegation are unable to agree upon the selection of
a seventh member within 60 days after the effective date of the amendments to
this compact or the occurrence of a vacancy on the governing body for that
state the governor of the State of Nevada shall make such an appointment. The
member appointed pursuant to this subparagraph may, but is not required to, be
a resident of the region within the State of Nevada.]by the speaker of the assembly and one member appointed by the
majority leader of the Nevada senate.

(3) If any appointing authority under paragraph
(1)(A), (1)(B), (2)(A) , [or]
(2)(B) or 2(C) fails to make such an appointment
within 60 days after the effective date of the amendments to this compact or
the occurrence of a vacancy on the governing body, the governor of the state in
which the appointing authority is located shall make the appointment. The term
of any member so appointed shall be 1 year.

(4) The position of any member of the governing
body shall be deemed vacant if such a member is absent
from three consecutive meetings of the governing body in any calendar year.

deemed vacant if such a member is absent from three
consecutive meetings of the governing body in any calendar year.

(5) Each member and employee of the agency shall
disclose his economic interests in the region within 10 days after taking his
seat on the governing board or being employed by the agency and shall
thereafter disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this paragraph, economic interests
means:

(A) Any business entity operating in the region
in which the member or employee has a direct or indirect investment worth more
than $1,000.

(B) Any real property located in the region in
which the member or employee has a direct or indirect interest worth more than
$1,000.

(C) Any source of income attributable to
activities in the region, other than loans by or deposits with a commercial
lending institution in the regular course of business, aggregating $250 or more
in value received by or promised to the member within the preceding 12 months;
or

(D) Any business entity operating in the region
in which the member or employee is a director, officer, partner, trustee,
employee or holds any position of management.

No member or employee of the agency shall make, or attempt
to influence, an agency decision in which he knows or has reason to know he has
an economic interest. Members and employees of the agency must disqualify
themselves from making or participating in the making of any decision of the
agency when it is reasonably foreseeable that the decision will have a material
financial effect, distinguishable from its effect on the public generally, on the
economic interests of the member or employee.

(b) The members of the agency shall serve
without compensation, but the expenses of each member shall be met by the body
which he represents in accordance with the law of that body. All other expenses
incurred by the governing body in the course of exercising the powers conferred
upon it by this compact unless met in some other manner specifically provided,
shall be paid by the agency out of its own funds.

(c) [Except for
the secretary of state and director of the state department of conservation and
natural resources of Nevada and the member appointed pursuant to subdivision
(a)(2)(C), the]The members of the
governing body serve at the pleasure of the appointing authority in each case,
but each appointment shall be reviewed no less often than every 4 years.
Members may be reappointed.

(d) The governing body of the agency shall meet
at least monthly. All meetings shall be open to the public to the extent
required by the law of the State of California or the State of Nevada,
whichever imposes the greater requirement, applicable to local governments at
the time such meeting is held. The governing body shall fix a date for its
regular monthly meeting in such terms as the first Monday of each month, and
shall not change such date more often than once in any calendar year. Notice of
the date so fixed shall be given by publication at least once
in a newspaper or combination of newspapers whose circulation is general
throughout the region and in each county a portion of whose territory lies
within the region.

once in a newspaper or combination of newspapers whose
circulation is general throughout the region and in each county a portion of
whose territory lies within the region. Notice of any special meeting, except
an emergency meeting, shall be given by so publishing the date and place and
posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing
body shall be considered vacated upon his loss of any of the qualifications
required for his appointment and in such event the appointing authority shall
appoint a successor.

(f) The governing body shall elect from its own
members a chairman and vice chairman, whose terms of office shall be 2 years,
and who may be reelected. If a vacancy occurs in either office, the governing
body may fill such vacancy for the unexpired term.

(g) Four of the members of the governing body
from each state constitute a quorum for the transaction of the business of the
agency. The voting procedures shall be as follows:

(1) For adopting, amending or repealing
environmental threshold carrying capacities, the regional plan, and ordinances,
rules and regulations, and for granting variances from the ordinances, rules
and regulations, the vote of at least four of the members of each state
agreeing with the vote of at least four members of the other state shall be
required to take action. If there is no vote of at least four of the members
from one state agreeing with the vote of at least four of the members of the
other state on the actions specified in this paragraph, an action of rejection
shall be deemed to have been taken.

(2) For approving a project, the affirmative
vote of at least five members from the state in which the project is located
and the affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the state in
which the project is located and at least nine members of the entire governing
body do not vote in favor of the project, upon a motion for approval, an action
of rejection shall be deemed to have been taken. A decision by the agency to
approve a project shall be supported by a statement of findings, adopted by the
agency, which indicates that the project complies with the regional plan and
with applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the
agencys staff on litigation and enforcement actions, at least eight members of
the governing body must agree to take action. If at least eight votes in favor
of such action are not case, an action of rejection shall be deemed to have
been taken.

Whenever under the provisions of this compact or any
ordinance, rule, regulation or policy adopted pursuant thereto, the agency is
required to review or approve any project, public or private, the agency shall
take final action by vote, whether to approve, to require modification or to
reject such project, within 180 days after the application for such project is
accepted as complete by the agency in compliance with the agencys rules and
regulations governing such delivery unless the applicant has
agreed to an extension of this time limit.

has agreed to an extension of this time limit. If a final
action by vote does not take place within 180 days, the applicant may bring an
action in a court of competent jurisdiction to compel a vote unless he has
agreed to an extension. This provision does not limit the right of any person
to obtain judicial review of agency action under subdivision [(j)](i) of
Article VI. The vote of each member of the governing body shall be individually
recorded. The governing body shall adopt its own rules, regulations and
procedures.

(h) An advisory planning commission shall be
appointed by the agency. The commission shall include: the chief planning
officers of Placer County, El Dorado County, and the City of South Lake Tahoe
in California and of Douglas County, Washoe County and Carson City in Nevada,
the executive officer of the Lahontan Regional Water Quality Control Board of
the State of California, the executive officer of the Air Resources Board of
the State of California, the director of the state department of conservation
and natural resources of the State of Nevada, the administrator of the division
of environmental protection in the state department of conservation and natural
resources of the State of Nevada, the administrator of the Lake Tahoe
Management Unit of the United States Forest Service, and at least four lay
members with an equal number from each state, at least half of whom shall be
residents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisory
planning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planning
commission shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing authority shall
appoint a successor.

The advisory planning commission shall elect from its
own members a chairman and a vice chairman, whose terms of office shall be 2
years and who may be reelected. If a vacancy occurs in either office, the
advisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planning
commission constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required to take
action with respect to any matter.

(i) The agency shall establish and maintain an
office within the region, and for this purpose the agency may rent or own
property and equipment. Every plan, ordinance and other record of the agency
which is of such nature as to constitute a public record under the law of
either the State of California or the State of Nevada shall be open to
inspection and copying during regular office hours.

(j) Each authority charged under this compact or
by the law of either state with the duty of appointing a member of the
governing body of the agency shall by certified copy of its resolution or other
action notify the Secretary of State of its own state of the action taken.

(a) The governing body shall determine the
qualification of, and it shall appoint and fix the salary of, the executive
officer of the agency, and shall employ such other staff and legal counsel as
may be necessary to execute the powers and functions provided for under this
compact or in accordance with any intergovernmental contracts or agreements the
agency may be responsible for administering.

(b) Agency personnel standards and regulations
shall conform insofar as possible to the regulations and procedures of the
civil service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional and
bistate in application and effect; provided that the governing body may, for
administrative convenience and at its discretion, assign the administration of
designated personnel arrangements to an agency of either state, and provided
that administratively convenient adjustments be made in the standards and
regulations governing personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain or
participate in such additional programs of employee benefits as may be
appropriate to afford employees of the agency terms and conditions of
employment similar to those enjoyed by employees of California and Nevada
generally.

ARTICLE V. Planning

(a) In preparing each of the plans required by
this article and each amendment thereto, if any, subsequent to its adoption,
the planning commission after due notice shall hold at least one public hearing
which may be continued from time to time, and shall review the testimony and
any written recommendations presented at such hearing before recommending the
plan or amendment. The notice required by this subdivision shall be given at
least 20 days prior to the public hearing by publication at least once in a
newspaper or combination of newspapers whose circulation is general throughout
the region and in each county a portion of whose territory lies within the
region.

The planning commission shall then recommend such plan
or amendment to the governing body for adoption by ordinance. The governing
body may adopt, modify or reject the proposed plan or amendment, or may
initiate and adopt a plan or amendment without referring it to the planning
commission. If the governing body initiates or substantially modifies a plan or
amendment, it shall hold at least one public hearing thereon after due notice
as required in this subdivision.

If a request is made for the amendment of the regional
plan by:

(1) A political subdivision a part of whose
territory would be affected by such amendment; or

(2) The owner or lessee of real property which
would be affected by such amendment,

the governing body shall complete its action on such
amendment within 180 days after such request is accepted as complete according
to standards which must be prescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation
with the states of California and Nevada, environmental threshold carrying
capacities for the region. The agency should request the Presidents Council on
Environmental Quality, the United States Forest Service and other appropriate
agencies to assist in developing such environmental threshold carrying
capacities. Within 18 months after the effective date of the amendments to this
compact, the agency shall adopt environmental threshold carrying capacities for
the region.

(c) Within 1 year after the adoption of the
environmental threshold carrying capacities for the region, the agency shall
amend the regional plan so that, at a minimum, the plan and all of its
elements, as implemented through agency ordinances, rules and regulations,
achieves and maintains the adopted environmental threshold carrying capacities.
Each element of the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning commission and
governing body shall continuously review and maintain the regional plan. The
regional plan shall consist of a diagram, or diagrams, and text, or texts
setting forth the projects and proposals for implementation of the regional
plan, a description of the needs and goals of the region and a statement of the
policies, standards and elements of the regional plan.

The regional plan shall be a single enforceable plan
and includes all of the following correlated elements:

(1) A land-use plan for the integrated
arrangement and general location and extent of, and the criteria and standards
for, the uses of land, water, air, space and other natural resources within the
region, including but not limited to an indication or allocation of maximum
population densities and permitted uses.

(2) A transportation plan for the integrated
development of a regional system of transportation, including but not limited
to parkways, highways, transportation facilities, transit routes, waterways,
navigation facilities, public transportation facilities, bicycle facilities,
and appurtenant terminals and facilities for the movement of people and goods
within the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by
making more effective use of existing transportation modes and of public
transit to move people and goods within the region; and

(B) To reduce to the extent feasible air
pollution which is caused by motor vehicles.

Where increases in capacity are required, the agency shall
give preference to providing such capacity through public transportation and
public programs and projects related to transportation. The agency shall review
and consider all existing transportation plans in preparing its regional
transportation plan pursuant to this paragraph.

The plan shall provide for an appropriate transit
system for the region.

(A) Completion of the Loop Road in the states of
Nevada and California;

(B) Utilization of a light rail mass transit
system in the South Shore area; and

(C) Utilization of a transit terminal in the
Kingsbury Grade area.

Until the regional plan is revised, or a new transportation
plan is adopted in accordance with this paragraph, the agency has no effective
transportation plan.

(3) A conservation plan for the preservation,
development, utilization, and management of the scenic and other natural
resources within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open spaces,
recreational and historical facilities.

(4) A recreation plan for the development,
utilization, and management of the recreational resources of the region,
including but not limited to, wilderness and forested lands, parks and
parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for
skiing and other recreational facilities.

(5) A public services and facilities plan for
the general location, scale and provision of public services and facilities,
which, by the nature of their function, size, extent and other characteristics
are necessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, the
planning commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the counties and
cities within the region, the plans and planning activities of the state,
federal and other public agencies and nongovernmental agencies and
organizations which affect or are concerned with planning and development
within the region.

(d) The regional plan shall provide for
attaining and maintaining federal, state, or local air and water quality
standards, whichever are strictest, in the respective portions of the region
for which the standards are applicable.

The agency may, however, adopt air or water quality
standards or control measures more stringent than the applicable state
implementation plan or the applicable federal, state, or local standards for
the region, if it finds that such additional standards or control measures are
necessary to achieve the purposes of this compact. Each element of the regional
plan, where applicable, shall, by ordinance, identify the means and time
schedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan
of the California Tahoe Regional Planning Agency, the regional plan,
ordinances, rules and regulations adopted by the California Tahoe Regional
Planning Agency in effect on July 1, 1980, shall be the regional plan,
ordinances, rules and regulations of the Tahoe Regional Planning Agency for
that portion of the Tahoe region located in the State of California.

Such plan, ordinance, rule or regulation may be amended or
repealed by the governing body of the agency. The plans, ordinances, rules and
regulations of the Tahoe Regional Planning Agency that do not conflict with, or
are not addressed by, the California Tahoe Regional Planning Agencys plans,
ordinances, rules and regulations referred to in this subdivision shall
continue to be applicable unless amended or repealed by the governing body of
the agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred to in
this subdivision shall apply to that portion of the region within the State of
Nevada, unless such provision is adopted for the Nevada portion of the region
by the governing body of the agency.

(f) The regional plan, ordinances, rules and
regulations of the Tahoe Regional Planning Agency apply to that portion of the
region within the State of Nevada.

(g) The agency shall adopt ordinances
prescribing specific written findings that the agency must make prior to
approving any project in the region. These findings shall relate to
environmental protection and shall insure that the project under review will
not adversely affect implementation of the regional plan and will not cause the
adopted environmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and
other information developed in the course of formulating and administering the
regional plan, in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use by other
agencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the
regional plan, the agency may engage in collaborative planning with local
governmental jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the agency shall
seek the cooperation and consider the recommendations of counties and cities
and other agencies of local government, of state and federal agencies, of
educational institutions and research organizations, whether public or private,
and of civic groups and private persons.

ARTICLE VI. Agencys
Powers

(a) The governing body shall adopt all necessary
ordinances, rules, and regulations to effectuate the adopted regional plan.
Except as otherwise provided in this compact, every such ordinance, rule or
regulation shall establish a minimum standard applicable throughout the region.
Any political subdivision or public agency may adopt and enforce an equal or
higher requirement applicable to the same subject of regulation in its
territory. The regulations of the agency shall contain standards including but
not limited to the following: water purity and clarity; subdivision; zoning;
tree removal; solid waste disposal; sewage disposal; land fills, excavations,
cuts and grading; piers, harbors, breakwaters or channels and other shoreline
developments; waste disposal in shoreline areas; waste
disposal from boats; mobile-home parks; house relocation; outdoor advertising;
flood plain protection; soil and sedimentation control; air pollution; and
watershed protection.

areas; waste disposal from boats; mobile-home parks; house
relocation; outdoor advertising; flood plain protection; soil and sedimentation
control; air pollution; and watershed protection. Whenever possible without
diminishing the effectiveness of the regional plan, the ordinances, rules,
regulations and policies shall be confined to matters which are general and
regional in application, leaving to the jurisdiction of the respective states,
counties and cities the enactment of specific and local ordinances, rules,
regulations and policies which conform to the regional plan.

The agency shall prescribe by ordinance those
activities which it has determined will not have substantial effect on the
land, water, air, space or any other natural resources in the region and
therefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall be
published at least once by title in a newspaper or combination of newspapers
whose circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become effective
until 60 days after its adoption. Immediately after its adoption, a copy of
each ordinance shall be transmitted to the governing body of each political
subdivision having territory within the region.

(b) No project other than those to be reviewed
and approved under the special provisions of subdivisions (c), (d), (e) [, (f) and
(g)]and (f) may be developed in
the region without obtaining the review and approval of the agency and no
project may be approved unless it is found to comply with the regional plan and
with the ordinances, rules and regulations enacted pursuant to subdivision (a)
to effectuate that plan. The agency may approve a project in the region only
after making the written findings required by this subdivision or subdivision
(g) of Article V. Such findings shall be based on substantial evidence in the
record.

Before adoption by the agency of the ordinances
required in subdivision (g) of Article V, the agency may approve a project in
the region only after making written findings on the basis of substantial
evidence in the record that the project is consistent with the regional plan
then in effect and with applicable plans, ordinances, regulations, and
standards of federal and state agencies relating to the protection, maintenance
and enhancement of environmental quality in the region.

(c) [The
legislatures of the states of California and Nevada find that in order to make
effective the regional plan as revised by the agency, it is necessary to halt
temporarily works of development in the region which might otherwise absorb the
entire capability of the region for further development or direct it out of
harmony with the ultimate plan. Subject to the limitation provided in this
subdivision, from the effective date of the amendments to this compact until
the regional plan is amended pursuant to subdivision (c) of Article V, or until
May 1, 1983, whichever is earlier:

(1) Except as otherwise
provided in this paragraph, no new subdivision, planned unit development, or
condominium project may be approved unless a
complete tentative map or plan has been approved before the effective date of
the amendments to this compact by all agencies having jurisdiction.

approved unless a complete tentative
map or plan has been approved before the effective date of the amendments to
this compact by all agencies having jurisdiction. The subdivision of land owned
by a general improvement district, which existed and owned the land before the
effective date of the amendments to this compact, may be approved if
subdivision of the land is necessary to avoid insolvency of the district.

(2) Except as provided in
paragraph (3), no apartment building may be erected unless the required permits
for such building have been secured from all agencies having jurisdiction,
prior to the effective date of the amendments to this compact.

(3) During each of the
calendar years 1980, 1981 and 1982, no city or county may issue building
permits which authorize the construction of a greater number of new residential
units within the region than were authorized within the region by building
permits issued by that city or county during the calendar year 1978. For the
period of January through April, 1983, building permits authorizing the
construction of no more than one-third of that number may be issued by each
such city or county. For purposes of this paragraph a residential unit means
either a single family residence or an individual residential unit within a
larger building, such as an apartment building, a duplex or a condominium.

The legislatures find the
respective numbers of residential units authorized within the region during the
calendar year 1978 to be as follows:

1. City of South Lake Tahoe and El Dorado
County (combined)................ 252

(4) During each of the
calendar years 1980, 1981 and 1982, no city or county may issue building
permits which authorize construction of a greater square footage of new
commercial buildings within the region than were authorized within the region
by building permits for commercial purposes issued by that city or county
during the calendar year 1978. For the period of January through April, 1983,
building permits authorizing the construction of no more than one-third the
amount of that square footage may be issued by each such city or county. The
legislatures find the respective square footages of commercial buildings
authorized within the region during calendar year 1978 to be as follows:

1. City
of South Lake Tahoe and El Dorado County (combined)................ 64,324

(6) No facility for the
treatment of sewage may be constructed or enlarged except:

(A) To comply, as ordered
by the appropriate state agency for the control of water pollution, with
existing limitations of effluent under the Clean Water Act, 33 U.S.C. § 1251 et
seq., and the applicable state law for control of water pollution;

(B) To accommodate
development which is not prohibited or limited by this subdivision; or

(C) In the case of
Douglas County Sewer District # 1, to modify or otherwise alter sewage
treatment facilities existing on the effective date of the amendments to this
compact so that such facilities will be able to treat the total volume of
effluent for which they were originally designed, which is 3.0 million gallons
per day. Such modification or alteration is not a project; is not subject to
the requirements of Article VII; and does not require a permit from the agency.
Before commencing such modification or alteration, however, the district shall
submit to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and the
measures which the district proposes to take to mitigate or avoid such
problems.

The moratorium imposed by this
subdivision does not apply to work done pursuant to a right vested before the
effective date of the amendments to this compact. Notwithstanding the
expiration date of the moratorium imposed by this subdivision, no new highway
may be built or existing highway widened to accommodate additional continuous
lanes for automobiles until the regional transportation plan is revised and
adopted.

The moratorium imposed by this
subdivision does not apply to the construction of any parking garage which has
been approved by the agency prior to May 4, 1979, whether that approval was
affirmative or by default. The provisions of this paragraph are not an
expression of legislative intent that any such parking garage, the approval of
which is the subject of litigation which was pending on the effective date of
the amendments to this compact, should or should not be constructed. The
provisions of this paragraph are intended solely to permit construction of such
a parking garage if a judgment sustaining the agencys approval to construct
that parking garage has become final and no appeal is pending or may lawfully
be taken to a higher court.

(d)]Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an approval by
the Tahoe Regional Planning Agency, whether that approval was affirmative or by
default, if that litigation was pending on May 4, 1979, the agency and the
states of California and Nevada shall recognize as a permitted and conforming
use:

(1) Every structure housing gaming under a
nonrestricted license which existed as a licensed gaming establishment on May
4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date.

Agency affirmatively or deemed approved before that date.
The construction or use of any structure to house gaming under a nonrestricted
license not so existing or approved, or the enlargement in cubic volume of any
such existing or approved structure is prohibited.

(2) Every other nonrestricted gaming
establishment whose use was seasonal and whose license was issued before May 4,
1979, for the same season and for the number and type of games and slot
machines on which taxes or fees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted
gaming license issued before May 4, 1979, to the extent permitted by that
license on that date. The area within any structure housing gaming under a
nonrestricted license which may be open to public use (as distinct from that
devoted to the private use of guests and exclusive of any parking area) is
limited to the area existing or approved for public use on May 4, 1979. Within
these limits, any external modification of the structure which requires a
permit from a local government also requires approval from the agency. The
agency shall not permit restaurants, convention facilities, showrooms or other
public areas to be constructed elsewhere in the region outside the structure in
order to replace areas existing or approved for public use on May 4, 1979.

[(e)](d) Any structure housing licensed gaming may be
rebuilt or replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or approval of
the agency or any planning or regulatory authority of the State of Nevada whose
review or approval would be required for a new structure.

[(f)](e) The following provisions apply to any
internal or external modification, remodeling, change in use, or repair of a
structure housing gaming under a nonrestricted license which is not prohibited
by [Article VI (d):]subdivision (c):

(1) The agencys review of an external
modification of the structure which requires a permit from a local government
is limited to determining whether the external modification will do any of the
following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area
open to or approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use
of guests to an area open to public use;

(D) Increase the public area open to public use
which is used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the
provisions of any of the agencys ordinances that are generally applicable
throughout the region.

The agency shall make this determination within 60 days
after the proposal is delivered to the agency in compliance with the agencys
rules or regulations governing such delivery unless the applicant has agreed to
an extension of this time limit. If an external modification is determined to
have any of the effects enumerated in subparagraphs (A) through (C), it is
prohibited. If an external modification is determined to
have any of the effects enumerated in subparagraphs (D) or (E), it is subject
to the applicable provisions of this compact.

to have any of the effects enumerated in subparagraphs (D)
or (E), it is subject to the applicable provisions of this compact. If an
external modification is determined to have no such effect, it is not subject
to the provisions of this compact.

(2) Except as provided in paragraph (3),
internal modification, remodeling, change in use or repair of a structure
housing gaming under a nonrestricted license is not a project and does not
require the review or approval of the agency.

(3) Internal modification, remodeling, change in
use or repair of areas open to public use within a structure housing gaming
under a nonrestricted license which alone or in combination with any other such
modification, remodeling, change in use or repair will increase the total
portion of those areas which is actually used for gaming by more than the
product of the total base area, as defined below, in square feet existing on or
approved before August 4, 1980, multiplied by 15 percent constitutes a project
and is subject to all of the provisions of this compact relating to projects.
For purposes of this paragraph and the determination required by [Article VI (g),]subdivision
(f), base area means all of the area within a structure housing gaming
under a nonrestricted license which may be open to public use, whether or not
gaming is actually conducted or carried on in that area, except retail stores,
convention centers and meeting rooms, administrative offices, kitchens,
maintenance and storage areas, rest rooms, engineering and mechanical rooms,
accounting rooms and counting rooms.

[(g)](f) In order to administer and enforce the
provisions of [paragraphs (d), (e) and (f),]subdivisions (c), (d) and (e) the State of
Nevada, through its appropriate planning or regulatory agency, shall require
the owner or licensee of a structure housing gaming under a nonrestricted
license to provide:

(1) Documents containing sufficient information
for the Nevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in
square feet open or approved for public use and the area in square feet devoted
to or approved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under the
structure; and

(E) The base area as defined in paragraph (f)(3)
in square feet existing on or approved before August 4, 1980.

(2) An informational report whenever any
internal modification, remodeling, change in use, or repair will increase the
total portion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information to
the Tahoe Regional Planning Agency.

[(h)](g) Gaming conducted pursuant to a restricted
gaming license is exempt from review by the agency if it is incidental to the
primary use of the premises.

[(i)](h) The provisions of subdivisions (c) and (d) [and (e)]
are intended only to limit gaming and related activities
as conducted within a gaming establishment, or construction designed to permit
the enlargement of such activities, and not to limit any other use of property
zoned for commercial use or the accommodation of tourists, as approved by the
agency.

intended only to limit gaming and related activities as
conducted within a gaming establishment, or construction designed to permit the
enlargement of such activities, and not to limit any other use of property
zoned for commercial use or the accommodation of tourists, as approved by the
agency.

[(j)](i) Legal actions arising out of or alleging a
violation of the provisions of this compact, of the regional plan or of an
ordinance or regulation of the agency or of a permit or a condition of a permit
issued by the agency are governed by the following provisions;

(1) This subdivision applies to:

(A) Actions arising out of activities directly
undertaken by the agency.

(B) Actions arising out of the issuance to a
person of a lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or
failure to act by any person or public agency.

Such legal actions may be filed and the provisions of this
subdivision apply equally in the appropriate courts of California and Nevada
and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges an
activity by the agency or any person which is undertaken or to be undertaken
upon a parcel of real property, in the state or federal judicial district where
the real property is situated.

(B) If an action challenges an activity which
does not involve a specific parcel of land (such as an action challenging an
ordinance of the agency), in any state or federal court having jurisdiction
within the region.

(3) Any aggrieved person may file an action in
an appropriate court of the State of California or Nevada or of the United
States alleging noncompliance with the provisions of this compact or with an
ordinance or regulation of the agency. In the case of governmental agencies,
aggrieved person means the Tahoe Regional Planning Agency or any state,
federal or local agency. In the case of any person other than a governmental
agency who challenges an action of the Tahoe Regional Planning Agency,
aggrieved person means any person who has appeared, either in person, through
an authorized representative, or in writing, before the agency at an
appropriate administrative hearing to register objection to the action which is
being challenged, or who had good cause for not making such an appearance.

(4) A legal action arising out of the adoption
or amendment of the regional plan or of any ordinance or regulation of the
agency, or out of the granting or denial of any permit, shall be commenced
within 60 days after final action by the agency. All other legal actions shall
be commenced within 65 days after discovery of the cause of action.

(5) In any legal action filed pursuant to this
subdivision which challenges an adjudicatory act or decision of the agency to
approve or disapprove a project, the scope of judicial inquiry shall extend
only to whether there was prejudicial abuse of discretion. Prejudicial abuse of
discretion is established if the agency has not proceeded
in a manner required by law or if the act or decision of the agency was not
supported by substantial evidence in light of the whole record.

discretion is established if the agency has not proceeded in
a manner required by law or if the act or decision of the agency was not
supported by substantial evidence in light of the whole record. In making such a
determination the court shall not exercise its independent judgment on evidence
but shall only determine whether the act or decision was supported by
substantial evidence in light of the whole record. In any legal action filed
pursuant to this subdivision which challenges a legislative act or decision of
the agency (such as the adoption of the regional plan and the enactment of
implementing ordinances), the scope of the judicial inquiry shall extend only
to the questions of whether the act or decision has been arbitrary, capricious
or lacking substantial evidentiary support or whether the agency has failed to
proceed in a manner required by law.

(6) The provisions of this subdivision do not
apply to any legal proceeding pending on the date when this subdivision becomes
effective. Any such legal proceeding shall be conducted and concluded under the
provisions of law which were applicable prior to the effective date of this
subdivision.

(7) The security required for the issuance of a
temporary restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation adopted
pursuant thereto is governed by the rule or statute applicable to the court in
which the action is brought, unless the action is brought by a public agency or
political subdivision to enforce its own rules, regulations and ordinances in
which case no security shall be required.

[(k)](j) The agency shall monitor activities in the
region and may bring enforcement actions in the region to ensure compliance
with the regional plan and adopted ordinances, rules, regulations and policies.
If it is found that the regional plan, or ordinances, rules, regulations and
policies are not being enforced by a local jurisdiction, the agency may bring
action in a court of competent jurisdiction to ensure compliance.

[(l)](k) Any person who violates any provision of this
compact or of any ordinance or regulation of the agency or of any condition of
approval imposed by the agency is subject to a civil penalty not to exceed
$5,000. Any such person is subject to an additional civil penalty not to exceed
$5,000 per day, for each day on which such a violation persists. In imposing
the penalties authorized by this subdivision, the court shall consider the
nature of the violation and shall impose a greater penalty if it was willful or
resulted from gross negligence than if it resulted from inadvertence or simple
negligence.

[(m)](l) The agency is hereby empowered to initiate,
negotiate and participate in contracts and agreements among the local
governmental authorities of the region, or any other intergovernmental
contracts or agreements authorized by state or federal law.

[(n)](m) Each intergovernmental contract or agreement
shall provide for its own funding and staffing, but this shall not preclude
financial contributions from the local authorities
concerned or from supplementary sources.

contributions from the local authorities concerned or from
supplementary sources.

[(o)](n) Every record of the agency, whether public or
not, shall be open for examination to the Legislature and Controller of the
State of California and the legislative auditor of the State of Nevada.

[(p)](o) Approval by the agency of any project expires
3 years after the date of final action by the agency or the effective date of
the amendments to this compact, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use or
activity has commenced. In computing the 3-year period any period of time during
which the project is the subject of a legal action which delays or renders
impossible the diligent pursuit of that project shall not be counted. Any
license, permit or certificate issued by the agency which has an expiration
date shall be extended by that period of time during which the project is the
subject of such legal action as provided in this subdivision.

[(q)](p) The governing body shall maintain a current
list of real property known to be available for exchange with the United States
or with other owners of real property in order to facilitate exchanges of real
property by owners of real property in the region.

ARTICLE VII. Environmental
Impact Statements

(a) The Tahoe Regional Planning Agency when
acting upon matters that have a significant effect on the environment shall:

(1) Utilize a systematic, interdisciplinary
approach which will insure the integrated use of the natural and social
sciences and the environmental design arts in planning and in decisionmaking
which may have an impact on mans environment;

(2) Prepare and consider a detailed
environmental impact statement before deciding to approve or carry out any
project. The detailed environmental impact statement shall include the
following:

(A) The significant environmental impacts of the
proposed project;

(B) Any significant adverse environmental
effects which cannot be avoided should the project be implemented;

(C) Alternatives to the proposed project;

(D) Mitigation measures which must be
implemented to assure meeting standards of the region;

(E) The relationship between local short-term
uses of mans environment and the maintenance and enhancement of long-term
productivity;

(F) Any significant irreversible and
irretrievable commitments of resources which would be involved in the proposed
project should it be implemented; and

(G) The growth-inducing impact of the proposed
project;

(3) Study, develop and describe appropriate
alternatives to recommended courses of action for any project which involves
unresolved conflicts concerning alternative uses of available resources;

(4) Make available to states, counties,
municipalities, institutions and individuals, advice and
information useful in restoring, maintaining and enhancing the quality of the
regions environment; and

individuals, advice and information useful in restoring,
maintaining and enhancing the quality of the regions environment; and

(5) Initiate and utilize ecological information
in the planning and development of resource-oriented projects.

(b) Prior to completing an environmental impact
statement, the agency shall consult with and obtain the comments of any
federal, state or local agency which has jurisdiction by law or special
expertise with respect to any environmental impact involved. Copies of such
statement and the comments and views of the appropriate federal, state and
local agencies which are authorized to develop and enforce environmental
standards shall be made available to the public and shall accompany the project
through the review processes. The public shall be consulted during the
environmental impact statement process and views shall be solicited during a
public comment period not to be less than 60 days.

(c) Any environmental impact statement required
pursuant to this article need not repeat in its entirety any information or
data which is relevant to such a statement and is a matter of public record or
is generally available to the public, such as information contained in an
environmental impact report prepared pursuant to the California Environmental
Quality Act or a federal environmental impact statement prepared pursuant to
the National Environmental Policy Act of 1969. However, such information or
data shall be briefly described in the environmental impact statement and its
relationship to the environmental impact statement shall be indicated.

In addition, any person may submit information
relative to a proposed project which may be included, in whole or in part, in
any environmental impact statement required by this article.

(d) In addition to the written findings
specified by agency ordinance to implement the regional plan, the agency shall
make either of the following written findings before approving a project for
which an environmental impact statement was prepared.

(1) Changes or alterations have been required in
or incorporated into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or

(2) Specific considerations, such as economic,
social or technical, make infeasible the mitigation measures or project
alternatives discussed in the environmental impact statement on the project.

A separate written finding shall be made for each
significant effect identified in the environmental impact statement on the
project. All written findings must be supported by substantial evidence in the
record.

(e) The agency may charge and collect a
reasonable fee from any person proposing a project subject to the provisions of
this compact in order to recover the estimated costs incurred by the agency in
preparing an environmental impact statement under this article.

(f) The agency shall adopt by ordinance a list
of classes of projects which the agency has determined will not have a
significant effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement under this
article.

Prior to adopting the list, the agency shall make a written
finding supported by substantial evidence in the record that each class of
projects will not have a significant effect on the environment.

ARTICLE VIII. Finances

(a) On or before September 30 of each calendar
year the agency shall establish the amount of money necessary to support its
activities for the next succeeding fiscal year commencing July 1 of the
following year. The agency shall apportion $75,000 of this amount among the
counties within the region on the same ratio to the total sum required as the
full cash valuation of taxable property within the region in each county bears to
the total full cash valuation of taxable property within the region. In
addition, each county within the region in California shall pay $18,750 to the
agency and each county within the region in Nevada, including Carson City,
shall pay $12,500 to the agency, from any funds available therefor. The State
of California and the State of Nevada may pay to the agency by July 1 of each
year any additional sums necessary to support the operations of the agency
pursuant to this compact. If additional funds are required, the agency shall
make a request for the funds to the states of California and Nevada. Requests
for state funds must be apportioned two-thirds from California and one-third
from Nevada. Money appropriated shall be paid within 30 days.

(b) The agency may fix and collect reasonable
fees for any services rendered by it.

(c) The agency shall submit an itemized budget
to the states for review with any request for state funds, shall be strictly
accountable to any county in the region and the states for all funds paid by
them to the agency and shall be strictly accountable to all participating
bodies for all receipts and disbursements.

(d) The agency is authorized to receive gifts,
donations, subventions, grants, and other financial aids and funds; but the
agency may not own land except as provided in subdivision (i) of Article III.

(e) The agency shall not obligate itself beyond
the moneys due under this article for its support from the several counties and
the states for the current fiscal year, plus any moneys on hand or irrevocably
pledged to its support from other sources. No obligation contracted by the
agency shall bind either of the party states or any political subdivision
thereof.

ARTICLE IX. Transportation
District

(a) The Tahoe transportation district is hereby
established as a special purpose district. The boundaries of the district are
coterminous with those of the region.

(b) The business of the district shall be
managed by a board of directors consisting of:

(1) One member of the county board of
supervisors of each of the counties of El Dorado and Placer;

(3) One member each of the board of county
commissioners of Douglas County and of Washoe County;

(4) One member of the board of supervisors of
Carson City;

(5) The director of the California Department of
Transportation; and

(6) The director of the department of
transportation of the State of Nevada.

Any director may designate an alternate.

(c) The vote of at least five of the directors
must agree to take action. If at least five votes in favor of an action are not
cast, an action of rejection shall be deemed to have been taken.

(d) The Tahoe transportation district may by
resolution establish procedures for the adoption of its budgets, the
appropriation of its money and the carrying on of its other financial activities.
These procedures must conform insofar as is practicable to the procedures for
financial administration of the State of California or the State of Nevada or
one or more of the local governments in the region.

(e) The Tahoe transportation district may in
accordance with the adopted transportation plan:

(1) Own and operate a public transportation
system to the exclusion of all other publicly owned transportation systems in
the region.

(2) Acquire upon mutually agreeable terms any
public transportation system or facility owned by a county, city or special
purpose district or any privately owned transportation system or facility
within the region.

(3) Hire the employees of existing public
transportation systems that are acquired by the district without loss of
benefits to the employees, bargain collectively with employee organizations,
and extend pension and other collateral benefits to employees.

(4) Contract with private companies to provide
supplementary transportation or provide any of the services needed in operating
a system of transportation for the region.

(5) Fix the rates and charges for transit
services provided pursuant to this subdivision.

(6) Issue revenue bonds and other evidence of
indebtedness and make other financial arrangements appropriate for developing
and operating a public transportation system.

(7) By resolution, determine and propose for
adoption a tax for the purpose of obtaining services of the district. The tax
proposed must be general and of uniform operation throughout the region, and
may not be graduated in any way. The district is prohibited from imposing an ad
valorem tax, a tax measured by gross or net receipts on business, a tax or
charge that is assessed against people or vehicles as they enter or leave the
region, and any tax, direct or indirect, on gaming tables and devices. Any such
proposition must be submitted to the voters of the district and shall become
effective upon approval of a majority of the voters voting on the proposition.
The revenues from any such tax must be used for the service for which it was
imposed, and for no other purpose.

(8) Provide service from inside the region to
convenient airport, railroad and interstate bus terminals without regard to the
boundaries of the region.

(f) The legislatures of the states of California
and Nevada may, by substantively identical enactments, amend this article.

ARTICLE X. Miscellaneous

(a) It is intended that the provisions of this
compact shall be reasonably and liberally construed to effectuate the purposes
thereof. Except as provided in subdivision (c), the provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining state and in full
force and effect as to the state affected as to all severable matters.

(b) The agency shall have such additional powers
and duties as may hereafter be delegated or imposed upon it from time to time
by the action of the Legislature of either state concurred in by the
Legislature of the other.

(c) A state party to this compact may withdraw
therefrom by enacting a statute repealing the compact. Notice of withdrawal
shall be communicated officially and in writing to the Governor of the other
state and to the agency administrators. This provision is not severable, and if
it is held to be unconstitutional or invalid, no other provision of this
compact shall be binding upon the State of Nevada or the State of California.

(d) No provision of this compact shall have any
effect upon the allocation, distribution or storage of interstate waters or
upon any appropriative water right.

Sec. 2. The secretary of
state shall transmit a certified copy of section 1 of this act to the governor
of the State of California, and two certified copies of this entire act to the
secretary of state of California for delivery to the respective houses of its
legislature. The governor of this state, as soon as:

1. He is officially advised that the State
of California has enacted the amendment to the Tahoe Regional Planning Compact
set forth in section 1 of this act; and

2. The Congress of the United States has
approved such amendment,

shall proclaim that the compact has been so amended.

Sec. 3. 1. This
section and section 2 of this act become effective upon passage and approval.

2. Section 1 of this act becomes
effective upon proclamation by the governor of this state of the enactment of
the amendments to the Tahoe Regional Planning Compact contained
in section 1 of this act by the State of California and their approval by the
Congress of the United States.

Regional Planning Compact contained in section 1 of this act
by the State of California and their approval by the Congress of the United
States.

________

CHAPTER 275, SB 114

Senate Bill No.
114Committee on Judiciary

CHAPTER 275

AN ACT relating to witnesses; modifying
the privilege which restricts testimony by a person against his spouse;
allowing expert testimony to show that a person has suffered physical or
emotional damage indicative of sexual assault; and providing other matters
properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 49.295 is
hereby amended to read as follows:

49.295 1. Except as provided
in subsections 2 and 3 and NRS 49.305:

(a) A husband cannot be examined as a witness
for or against his wife without [her]his consent, nor a wife for or against her husband
without [his]her consent.

(b) Neither a husband nor a wife can be
examined, during the marriage or afterwards, without the consent of the other,
as to any communication made by one to the other during marriage.

2. The provisions of subsection 1 do not
apply to a:

(a) Civil proceeding brought by or on behalf of
one spouse against the other spouse;

(b) Proceeding to commit or otherwise place his
spouse, the property of his spouse or both the spouse and the property of the
spouse under the control of another because of the alleged mental or physical
condition of the spouse;

(c) Proceeding brought by or on behalf of a
spouse to establish his competence;

(d) Proceeding in the juvenile court pursuant to
chapter 62 of NRS; or

(e) Criminal proceeding in which one spouse is
charged with:

(1) A crime against the person or the
property of the other spouse or of a child of either, or of a child in the
custody or control of either, whether such crime was committed before or during
marriage.

(2) Bigamy or incest.

(3) A crime related to abandonment of a
child or nonsupport of a wife or child.

3. The provisions of subsection 1 do not
apply in any criminal proceeding to events which took place before the husband
and wife were married.

Sec. 2. Chapter 50 of NRS is
hereby amended by adding thereto a new section to read as follows:

In any prosecution for sexual
assault, expert testimony is not inadmissible to show that the victims
behavior or mental or physical condition is consistent with the behavior or
condition of a victim of sexual assault.

________

CHAPTER 276, AB 123

Assembly Bill No.
123Committee on Taxation

CHAPTER 276

AN ACT relating to an optional tax on
motor vehicle fuel; providing for its imposition throughout a county adopting
it; and providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 365.192 is
hereby amended to read as follows:

365.192 1. In addition to
any other tax provided for in this chapter, there is hereby levied an excise
tax of 1 cent per gallon on motor vehicle fuel . [of up to and including
1 cent per gallon, at a rate to be determined pursuant to the provisions of
subsection 2.]

2. The provisions of this section [shall be deemed to be]are optional. A board of county commissioners [, for the unincorporated areas of a county, and the
governing bodies of the incorporated cities in the county, by ordinances]by an ordinance regularly adopted and approved by
the voters of the county [or city] as
provided in NRS 365.194, may [decide to
participate in imposing and sharing the receipts of]impose the tax provided for in this section. [The rate of the tax in any county is that proportion
of 1 cent, in hundredths of a cent, which the sum of the populations of the
participating governmental entities in the county bears to the population of
the entire county. In determining the rate of the tax, the population of each
participating entity must be stated as a percentage of the population of the
entire county, rounded to the nearest percentage point.]

3. The ordinance adopted by a board of
county commissioners [or governing body of an
incorporated city] must be approved by the voters of the county [or city] at least 1 month before the tax
is to become effective, and the tax may become effective and begin to be
collected [for that entity] only on
and after the next succeeding January 1 or July 1. A county [or incorporated city] and the voters
thereof may [withdraw from participation in
imposing the tax by repealing]repeal such
an ordinance pursuant to the same limitations on time for adoption and
effectiveness. Upon approval by the voters of the adoption or repeal of such an
ordinance, the county [or incorporated city]
shall immediately notify [the other eligible governmental
entities in the county and] the Nevada tax commission of its action.

notify [the other eligible
governmental entities in the county and] the Nevada tax commission
of its action.

4. [The
commission, during the month immediately preceding each January 1 and July 1
shall compute the rate of the tax authorized by this section for each county
and shall declare the rate in a timely manner for collecting the tax.

5.] The tax must
be accounted for by each dealer as to the county in which the motor vehicle
fuel is sold to the retailer and be collected in the manner provided in this
chapter. The tax must be paid to the department and delivered by the department
to the state treasurer.

Sec. 2. NRS 365.194 is
hereby amended to read as follows:

365.194 An ordinance enacted pursuant to
NRS 365.192:

1. Becomes effective when it is approved
by a majority of the registered voters of the county [or
incorporated city] voting upon [a]the question , which
the [governing body]board of county commissioners may submit to the voters
at any election.

2. [Must
provide that the tax is imposed beginning on the next January 1 or July 1
following by at least 1 month the approval of the ordinance by the voters.

3. Must provide
that the tax is imposed at the proportional rate described in NRS 365.192, that
it is apportioned as described in NRS 365.196 and that the proceeds of the tax
may be used solely to repair or restore existing paved roads, streets and
alleys within the city or unincorporated areas of the county, as appropriate.

4.] Must provide
that all amendments to chapter 365 of NRS which relate to the tax imposed
pursuant to NRS 365.192 and become effective after the date of approval of the
ordinance by the voters, automatically become a part of that ordinance.

Sec. 3. NRS 365.196 is
hereby amended to read as follows:

365.196 1. The receipts of
the tax as levied in NRS 365.194 must be allocated monthly by the department to
the counties in which the tax payments originate.

2. Each county must apportion the receipts
of that tax among the county, for unincorporated areas of the county, and each
incorporated city in the county . [which has decided by ordinance to participate in
imposing the tax. Each participating governmental entity is]The county and each city are respectively entitled to
receive each month that proportion of those receipts which [the]its total
population [of the entity] bears to
the total population of [all the participating
governmental entities in] the county.

3. During the month immediately preceding
each January 1 and July 1, the county treasurer of each county in which the tax
is imposed shall, when necessary and after a hearing, adopt a regulation which
provides for the accurate apportionment of those receipts in the county during
the ensuing 6 months.

4. The money apportioned to [a participating entity pursuant to subsection 2]the county or a city must be used by [that entity]it solely
to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by
resurfacing, overlaying, resealing or other such customary methods.

those maintained by the Federal Government and this state,
by resurfacing, overlaying, resealing or other such customary methods.

Sec. 4. 1. In
any county in which the tax authorized by NRS 365.192 as originally enacted has
been submitted at an election and approved by a majority of the voters voting
on the question in the county as a whole, the tax is hereby imposed at the rate
of 1 cent per gallon throughout the county.

2. In any other county, unless the tax is
already in effect at that rate throughout the county, the board of county
commissioners shall adopt the ordinance described in NRS 365.192 and 365.194
and submit it for approval at the general election in 1986. If it is not then
approved, it may again be submitted at any time thereafter.

________

CHAPTER 277, AB 593

Assembly Bill No.
593Committee on Ways and Means

CHAPTER 277

AN ACT relating to public employees;
confirming the exclusion of professional employees of the University of Nevada
System from the payment of additional compensation for continuous service; and
providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 284 of
NRS is hereby amended by adding thereto a new section to read as follows:

The professional employees of
the University of Nevada System are not entitled to receive the increases
provided in NRS 284.177.

Sec. 2. Section 1 of this
act does not change the rights of professional employees of the University of
Nevada System. It constitutes a declaration and clarification of existing law.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 278, SB 190

Senate Bill No.
190Committee on Finance

CHAPTER 278

AN ACT relating to group insurance for
public officers and employees; increasing the amount a public agency may
contribute to group insurance; and providing other matters properly relating
thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 287.044 is
hereby amended to read as follows:

287.044 1. A part of the
cost of the premiums or contributions for that group
insurance, not to exceed the amount specified by law, applied to both group
life and group accident or health coverage, for each public officer, except a
senator or assemblyman, or employee electing to participate in the group
insurance program, may be paid by the department, agency, commission or public
agency which employs the officer or employee in whose behalf that part is paid
from money appropriated to or authorized for that department, agency,
commission or public agency for that purpose.

that group insurance, not to exceed the amount specified by
law, applied to both group life and group accident or health coverage, for each
public officer, except a senator or assemblyman, or employee electing to
participate in the group insurance program, may be paid by the department,
agency, commission or public agency which employs the officer or employee in
whose behalf that part is paid from money appropriated to or authorized for
that department, agency, commission or public agency for that purpose. [State participation]Participation by the state in the cost of premiums or
contributions must not exceed the amounts specified by law. If an officer or
employee chooses to cover his dependents, whenever this option is made
available by the committee on group insurance, he must pay the difference
between the amount of the premium or contribution for the coverage for himself
and his dependents and the amount paid by the state . [under this section.]

2. A department, agency, commission or
public agency shall not pay any part of those premiums if the group life
insurance or group accident or health insurance is not approved by the
committee on group insurance.

Sec. 2. The cost of monthly
premiums which may be applied to group life, accident or health coverage for
each participating public officer or employee by the department, commission or
public agency which employs the officer or employee must not exceed $124.20 from
July 1, 1985, to December 31, 1985, and $129.20 from January 1, 1986, to June
30, 1987.

AN ACT relating to interstate higher
education; revising the programs for loans; creating a new account; and
providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 397 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 9, inclusive, of this act.

Sec. 2. Loans, from the Western Interstate Commission for Higher
Educations fund for student loans, to students who enter the program on or
after July 1, 1985, must be made upon the following terms:

1. All loans must
bear interest at 8 percent per annum from the date when the student receives
the loan.

2. Each student
receiving a loan must repay the loan with interest following the termination of
his education or completion of his internship for which the loan is made. The
loan must be repaid in monthly installments over
the period allowed with the first installment due 1 year after the date of the
termination of his education or the completion of his internship for which the loan
is made.

installments over the period allowed
with the first installment due 1 year after the date of the termination of his
education or the completion of his internship for which the loan is made. The
amounts of the installments may not be less than $50 and may be calculated to
allow a smaller payment at the beginning of the repayment period, with each
succeeding payment gradually increasing so that the total amount due will have
been paid within the period allowed for repayment. The three commissioners from
the State of Nevada, acting jointly, shall schedule the repayment within the
following periods:

(a) Five years for loans
which total less than $10,000.

(b) Eight years for loans
which total $10,000 or more but less than $20,000.

(c) Ten years for loans
which total $20,000 or more.

3. A student loan
may not exceed 50 percent of the student fees for any academic year.

4. A delinquency
charge may be assessed on any installment delinquent 10 days or more in the
amount of 8 percent of the installment or $4, whichever is greater, but not
more than $15.

5. The reasonable
costs of collection and an attorneys fee may be recovered in the event of
delinquency.

Sec. 3. The three commissioners from the State of Nevada, acting
jointly, may require, upon notice to a recipient of a loan, that he repay the
balance and any unpaid interest on the loan at once if:

1. An installment
is not paid within 30 days after it is due;

2. The recipient
fails to notify the commissioners, within 30 days, of:

(a) A change of name or
of the address of his home or place of practice; or

(b) The termination of
his education or completion of his internship for which he receives the loan;
or

3. The recipient
fails to comply with any other requirement or perform any other obligation he
is required to perform pursuant to any agreement under the program.

Sec. 4. A recipient of a loan or a stipend under the program of the
Western Interstate Compact for Higher Education shall comply with the
regulations adopted by the commission or the three commissioners from the State
of Nevada. If he fails so to comply, the three commissioners from the State of
Nevada, acting jointly, may:

1. For each
infraction, impose a fine of not more than $200 against any recipient in any
academic year, and may deny additional money to any student who fails to pay
the fine when due;

2. Increase the
portion of any future loan to be repaid by the recipient;

3. Extend the time
a recipient is required to practice his profession to repay his stipend; and

4. Expel him from
the program.

Sec. 5. The three commissioners from the State of Nevada, acting
jointly, may require:

1. A student to
acquire, as security for a stipend or student loan, insurance on his life and
on his health or against his disability, or both.

2. That a
financially responsible person agree to be jointly liable with the recipient
for the repayment of the loan or stipend.

Sec. 6. 1. The three commissioners from the State of
Nevada, acting jointly, may, after receiving a written application stating the
reasons therefor, reduce the period of required practice for the repayment of a
stipend under NRS 397.065 if the applicant:

(a) Has had at least 1
continuous year of practice of his profession in this state, and practices his
profession in a rural area of this state. The applicants practice in the rural
area must be equal to at least half of the total time spent by the applicant in
his professional practice, and not less than 20 hours per week.

(b) Practices his
profession as a full-time employee of the State of Nevada and has been employed
by the state for at least 1 continuous year immediately before his application.

2. Any claim as to
practice must be verified.

Sec. 7. 1. The three commissioners from the State of
Nevada, acting jointly, may after receiving an application stating the reasons
therefor, grant an extension of the period for the repayment of a loan or a
stipend under the program in case of hardship arising out of the individual
circumstances of a recipient. The extension must be for a period that will
reasonably alleviate that hardship.

2. Applications
for extensions must be filed within the time prescribed by regulation of the
three commissioners from the State of Nevada, acting jointly.

Sec. 8. A person obligated to repay a student loan may, as determined
by the three commissioners from the State of Nevada, acting jointly, receive
credit towards payment of the loan for professional services provided without
compensation to the state or any of its political subdivisions.

Sec. 9. 1. There is hereby created an account in the
state general fund entitled the Western Interstate Commission for Higher
Educations account for miscellaneous expenses. Any money received by the three
commissioners from the State of Nevada as the proceeds of any penalty or
appropriated or authorized for the purposes of this section must be deposited
in this account.

2. The three
commissioners from the State of Nevada, acting jointly, shall administer the
account and the money in the account must be used to:

(a) Pay miscellaneous
expenses incurred in administering the Western Interstate Commission for Higher
Educations fund for student loans; and

(b) Pay expenses incurred
in collecting money due the state from a student loan or a stipend granted from
the Western Interstate Commission for Higher Educations fund for student
loans.

397.060 The three commissioners
from the State of Nevada, acting jointly, shall:

1. Choose from among Nevada residents who
apply, and have at least 1 years [prior]
residence in this state [,]immediately before applying for the program, those most
qualified for contract places; and

2. Certify them to receiving
institutions.

Sec. 11. NRS 397.063 is
hereby amended to read as follows:

397.063 1. All contributions
from students must be accounted for in the Western Interstate Commission for
Higher [Education student loan fund]Educations fund for student loans which is
hereby created as a trust fund.

2. The three commissioners from the State
of Nevada, acting jointly, shall administer the fund and the money in the fund
must be used solely to provide:

residents of Nevada who are certified to attend graduate or
professional schools in accordance with the provisions of the Western Regional
Higher Education Compact.

3. Loans from the Western Interstate
Commission for Higher [Education student loan fund]Educations fund for student loans, before July 1, 1985,
and loans made to students classified as continuing students before July 1,
1985, must be made upon the following terms:

(a) All student loans must bear interest at 5
percent per annum from the date when the student receives the loan.

(b) Each student receiving a loan must repay the
loan with interest following the termination of his education or completion of
his internship in accordance with the following schedule:

(1) Within 5 years for loans which total
less than $10,000.

(2) Within 8 years for loans which total
$10,000 or more but less than $20,000.

(3) Within 10 years for loans which total
$20,000 or more.

(c) No student loan may exceed 50 percent of the
student fees for any academic year.

Sec. 12. NRS 397.065 is
hereby amended to read as follows:

397.065 1. Except as
provided in subsection 2, each student entering the Western Regional Higher
Education Compact program after April 23, 1977, must repay all state
contributions for stipends which he receives from the Western Interstate
Commission for Higher Education unless he practices , in
Nevada, the profession which he was certified to study [for a period of 3 years in Nevada]:

(a) For 3 years, if he
entered the program before July 1, 1985; or

(b) For 1 year for each
academic year he receives a stipend, if he enters the program after June 30,
1985; or

(c) For 1 year for each 9
months he receives a stipend, if he enters the
program after June 30, 1985, and is enrolled in an accelerated program that
provides more than 1 academic year of graduate and professional education in 9
months,

the program after June 30, 1985, and
is enrolled in an accelerated program that provides more than 1 academic year
of graduate and professional education in 9 months,

within 5 years after the completion or termination of his
education, internship or residency [, whichever
terminates later.]for which he receives
the stipend.

2. The three commissioners from the State
of Nevada, acting jointly, may adopt regulations which:

(a) Reduce the [3-year]
period of required practice for persons who practice their professions in rural
areas of this state or as employees of this state.

(b) Extend the time for completing the required
practice beyond 5 years for persons who are [obligated
to serve periods of service as repayment for scholarships.]granted extensions because of hardship.

3. Stipends granted
before July 1, 1985, and stipends granted to students classified as continuing
students before July 1, 1985, must be repaid within the same [time] period established for [loan repayments]the
repayment of loans in NRS 397.063. Stipends granted
before July 1, 1985, and stipends granted to students classified as continuing
students before July 1, 1985, do not bear interest.

4. Stipends
granted to students entering the program on or after July 1, 1985, must be
repaid in the same manner, within the same period and at the same rate of
interest established for the repayment of loans in section 2 of this act.

5. If the period
for the required practice is only partially completed, the commission may give
credit towards repayment of the stipend for the time the person practiced his
profession as required.

________

CHAPTER 280, SB 358

Senate Bill No.
358Commmittee on Legislative Affairs and Operations

CHAPTER 280

AN ACT relating to the legislative
auditor; revising his duties; providing for confidentiality of his working
papers; and providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 218.610 is
hereby amended to read as follows:

218.610 As used in NRS 218.610 to
218.893, inclusive, [state departments means
all state]agency of the state includes
all offices, departments, boards, commissions [,
institutions, or agencies,]or
institutions of the state, and the state industrial insurance system.

Sec. 2. NRS 218.686 is
hereby amended to read as follows:

218.686 1. The fiscal
analysis division consists of the senate fiscal analyst, the assembly fiscal
analyst and such additional staff as the performance of their duties may
require.

(a) Thoroughly examine all [departments]agencies
of the state [government] with
special regard to their activities and the duplication of efforts between [departments.]them.

(b) Recommend to the legislature any suggested
changes looking toward economy and the elimination of inefficiency in
government.

(c) Ascertain facts and make recommendations to
the legislature concerning the [state]
budget of the state and the estimates of the
expenditure requirements of the [state
departments.]agencies of the state.

(d) Make projections of future public revenues
for the use of the legislature.

(e) Analyze the [past]
history and probable future trend of the states financial position in order
that a sound fiscal policy may be developed and maintained for the State of
Nevada.

(f) Analyze appropriation bills, revenue bills,
and bills having a fiscal impact upon the operation of the government of the
State of Nevada or its political subdivisions.

(g) Advise the legislature and the members and
committees thereof regarding matters of a fiscal nature.

(h) Perform such other functions as may be
assigned to the fiscal analysis division by the legislature, the legislative
commission or the director of the legislative counsel bureau.

Sec. 3. NRS 218.767 is
hereby amended to read as follows:

218.767 [1.]
The intent of NRS 218.740 to [218.890,]218.893, inclusive, is to provide for the
impartial postauditing of each agency of the state [government
for the purpose of furnishing]to furnish the
legislature with factual information necessary to the discharge of its
constitutional duties and by which it may exercise its valid powers.

[2. The
legislature finds that:

(a) Adequate information
is not readily available for each session through which the members of the
legislature can determine the needs of the various agencies and departments of
the state government, and the postauditing of each agency will furnish
necessary information.

(b) The legislative
session is not adequate time in which to audit each agency and the size and
scope of government activity has grown to such an extent in recent years that
auditing is a continuing process.

(c) The Federal
Government, in an increasing number of cases, is requiring legislative audit
and review of state agencies in their handling and use of federal grants of
money as a condition of such grants.]

(c) Recommend to the
legislature the enactment or amendment of statutes based upon the results of
the postaudit.

2. The legislative
auditor may:

(a) Within
budgetary limitations, [to] contract
for the services of consultants or other professional or technical personnel as
his duty to perform postaudits may require, or to
conduct a review of the operation of his office, and [to] fix their fees in an amount which is
reasonable and customary for such services [.

4.]; and

(b) With the
approval of the legislative commission, [to]
contract with federal agencies or state departments to perform audits required
by federal or state law, if the division may be reimbursed for such audits. Any
money received by the division for such audits [shall]must be deposited in the state treasury to the
credit of the legislative fund.

[5. To
recommend to the legislature the enactment or amendment of statutes based upon
the results of the performance of his postaudit duties.]

3. A postaudit must
be conducted in accordance with generally accepted standards for governmental
and other audits.

Sec. 5. NRS 218.775 is
hereby amended to read as follows:

218.775 1. The legislative
auditor shall perform a postaudit of all accounts, funds and other financial
records of all agencies of the state [departments] to determine one or any
combination of the following:

(a) Whether the financial
statements of the audited agency comply with generally accepted principles of
accounting.

(b) The honesty
and integrity of fiscal affairs, the accuracy and reliability of financial
statements and reports, and the [adequacy and
effectiveness of financial controls to record properly and safeguard the
acquisition, custody and use of public money.

(b)]effectiveness of the system of internal financial control of
the audited agency.

(c) Compliance
with all applicable laws and regulations.

[(c)](d) Whether the operations of the agency of the state [department]
have been conducted in accordance with its contractual obligations.

[(d)](e) Whether control by management
[control] and the system of information [systems]
provide an adequate and efficient system of records and accounting.

2. Every officer and employee of [a state department]an agency of the state shall aid and assist the
legislative auditor at such times as he requires in the inspection, examination
and audit of any books, accounts and records in their possession.

Sec. 6. NRS 218.780 is
hereby amended to read as follows:

218.780 1. Except as
provided in subsection 2, upon the request of the legislative auditor or his authorized
representative, all officers and employees of the agencies
of the state [departments] shall
make available [and accessible] to the legislative
auditor all their books, accounts, claims, reports, vouchers or other records
of information, confidential or otherwise, necessary, irrespective of their
form or location in performing authorized audits or investigations.

available [and accessible]
to the legislative auditor all their books, accounts, claims, reports, vouchers
or other records of information, confidential or otherwise, necessary,
irrespective of their form or location in performing authorized audits or investigations.

2. This section shall not authorize the
legislative auditor or his authorized representative to have access to any
books, accounts, claims, reports, vouchers or other records or information of
any business or activity to which NRS 665.055, 665.085 and 668.085 apply.

Sec. 7. NRS 218.820 is
hereby amended to read as follows:

218.820 The state controller or [any other elective state officer, any board or
commission provided for by the laws of the state,] the head of
any [department in]agency of the state, and any employee or agent thereof,
acting by, for or on account of such [office,
board, commission]agency or
officer receiving, paying or otherwise controlling any public money in the
State of Nevada, in whole or in part, whether the money is provided by the
State of Nevada, received from the Federal Government of the United States or
any branch, bureau or agency thereof, or received from private or other source,
shall submit to the legislative auditor, upon his request, the appropriate
financial statement [or statements]
prepared pursuant to generally accepted accounting principles for the period
designated by the legislative auditor.

Sec. 8. NRS 218.821 is
hereby amended to read as follows:

218.821 1. The legislative
auditor or his designated representative shall furnish a copy of the
preliminary [audit] report of the audit to the head of the [state
department] audited agency and
discuss the report with him. The head of the [state
department may]agency shall submit
to the legislative auditor, within 10 days after the discussion, his written
statement of explanation or rebuttal concerning any of the findings, and the
legislative auditor shall include in the final report the officers explanation
or rebuttal to any of the findings contained in the final report.

2. When the legislature is in session the
legislative auditor shall notify the chairman of the legislative commission or
the chairman of the audit subcommittee, immediately following this 10-day
period, that an audit report is ready for presentation to the legislative
commission.

3. If, within 5 days after notification,
the chairman of the legislative commission does not call a meeting of the
commission or the chairman of the audit subcommittee does not call a meeting of
the subcommittee, the legislative auditor shall distribute his report and any
statement received from the agency to each member of the legislature.

Sec. 9. NRS 218.825 is
hereby amended to read as follows:

218.825 1. Each of the
boards and commissions created by the provisions of chapters 623 to 625,
inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS
shall engage the services of a certified public accountant or public
accountant, or firm of either of such accountants, to audit all of its fiscal
records once each year for the preceding fiscal year or once every other year
for the 2 preceding fiscal years The cost of the audit
must be paid by the board or commission audited.

fiscal years The cost of the audit must be paid by the board
or commission audited.

2. A report of each such audit must be
filed by the [accountant]board or commission with the legislative auditor and
the director of the budget on or before December 1 of each year in which an
audit is conducted. All audits must be conducted in accordance with generally
accepted auditing standards and all financial statements must be prepared in
accordance with generally accepted principles of accounting
[principles] for special revenue
funds.

3. The legislative auditor shall audit
the fiscal records of any such board or commission whenever directed to do so
by the legislative commission. When the legislative commission directs such an
audit, it shall also determine who is to pay the cost of the audit.

Sec. 10. NRS 218.830 is
hereby amended to read as follows:

218.830 1. The legislative
auditor shall prepare a biennial report for the governor and members of the
legislature, [which shall be submitted prior to]and submit the report before December 31 of each
even-numbered year. Copies of the report [shall]must be filed in the office of the secretary of
state.

2. The biennial report [shall]must contain,
among other things:

(a) Copies of, or the substance of, reports made
to the various agencies of the state [departments, as well as]and a summary of changes made in the system of accounts
and records thereof.

(b) Specific recommendations to the legislature
for the amendment of existing laws or the enactment of new laws designed to
improve the functioning of [various departments
of the state government.]the agencies of
the state.

Sec. 11. NRS 218.850 is
hereby amended to read as follows:

218.850 1. Each of the
audits provided for in this chapter [shall]must be made and concluded as directed by the
legislative commission and in accordance with the terms of NRS 218.740 to [218.890,]218.893,
inclusive.

2. The legislative commission shall
direct the legislative auditor to make any special audit or investigation that
in its judgment is proper and necessary to carry out the purpose of this
chapter or to assist the legislature in the proper discharge of its duties.

Sec. 12. NRS 218.870 is
hereby amended to read as follows:

218.870 1. The
legislative auditor shall keep or cause to be kept a complete file of copies of
all [audit reports,]reports of audits, examinations, investigations and all
other reports or releases issued by him.

2. All working
papers from an audit are confidential and may be destroyed by the legislative
auditor 5 years after the report is issued, except that the legislative
auditor:

(a) Shall release such
working papers when subpenaed by a court; or

(b) May make such working
papers available for inspection by an authorized representative of any other
governmental entity for a matter officially before him or by any other person
authorized by the legislative commission.

218.880 1. If the
legislative auditor finds, in the course of his audit, evidence of improper
practices of financial administration or inadequacy of fiscal records, he shall
report these practices immediately to the governor, [the
legislative commission,] each member of the legislature and the [department head or heads]head of the agency affected.

2. If the legislative auditor finds
evidence of illegal transactions, he shall forthwith report these transactions
to the governor, each member of the legislature and the attorney general.

________

CHAPTER 281, SB 384

Senate Bill No.
384Committee on Human Resources and Facilities

CHAPTER 281

AN ACT relating to welfare; providing
certain administrative procedures for contested cases involving public
assistance or food stamps and judicial review of those cases; and providing
other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 422 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 5, inclusive, of this act.

Sec. 2. 1. At any hearing held pursuant to the provisions
of subsection 2 of NRS 422.294, opportunity must be afforded all parties to
respond and present evidence and argument on all issues involved.

2. Unless
precluded by law, informal disposition may be made of any hearing by
stipulation, agreed settlement, consent order or default.

3. The record of a
hearing must include:

(a) All pleadings,
motions and intermediate rulings.

(b) Evidence received or
considered.

(c) Questions and offers
of proof and objections, and rulings thereon.

(d) Any decision, opinion
or report by the hearing officer presiding at the hearing.

4. Oral
proceedings, or any part thereof, must be transcribed on request of any party
seeking judicial review of the decision.

5. Findings of
fact must be based exclusively on substantial evidence.

6. Any employee or
other representative of the welfare division who investigated or made the
initial decision to deny, modify or cancel a grant of public assistance or food
stamps shall not participate in the making of any decision made pursuant to the
hearing.

Sec. 3. In any hearing held pursuant to the provisions of subsection 2
of NRS 422.294:

1. Irrelevant,
immaterial or unduly repetitious evidence must be excluded.

excluded. Unless privileged under
chapter 49 of NRS, evidence, including hearsay, may be admitted, if it is of a
type commonly relied upon by reasonable and prudent men in the conduct of their
affairs. Objections to evidentiary offers may be made. Subject to these
requirements, if a hearing will be expedited and the interests of the parties
will not be prejudiced substantially, any part of the evidence may be received
in written form.

2. Documentary
evidence may be received in the form of copies or excerpts. Upon request,
parties must be given an opportunity to compare the copy with the original.

3. Each party may
call and examine witnesses, introduce exhibits, cross-examine opposing witnesses
on any matter relevant to the issues even though the matter was not covered in
the direct examination, impeach any witness regardless of which party first
called him to testify, and rebut the evidence against him.

Sec. 4. 1. A decision or order adverse to an applicant
for or recipient of public assistance or food stamps must be in writing. A
final decision must include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory or regulatory language, must
be accompanied by a concise and explicit statement of the underlying facts
supporting the findings. A copy of the decision or order must be delivered by
certified mail forthwith to each party and to his attorney or other
representative.

2. A person
aggrieved by the final decision of the welfare division with respect to public
assistance or food stamps may, at any time within 90 days after the date on
which the written notice of the decision is mailed, petition the district court
of the judicial district in which he resides to review the decision. The
district court shall review the decision on the record of the case before the
welfare division, a copy of which must be certified as correct by the
administrator and filed by the welfare division with the clerk of the court as
part of its answer to any such petition for review.

Sec. 5. 1. Before the date set by the court for hearing,
an application may be made to the court by motion, with notice to the opposing
party and an opportunity for that party to respond, for leave to present
additional evidence. If it is shown to the satisfaction of the court that the
additional evidence is material and that there were good reasons for failure to
present it in the proceeding before the welfare division, the court may order
that the additional evidence be taken before the welfare division upon
conditions determined by the court. The welfare division may modify its
findings and decision by reason of the additional evidence and shall file that
evidence and any modifications, new findings or decisions with the reviewing
court.

2. The review must
be conducted by the court without a jury and must be confined to the record. In
cases of alleged irregularities in procedure before the welfare division, not
shown in the record, proof thereon may be taken in the court. The court, at the
request of either party, shall hear oral argument and receive written briefs.

3. The court shall
not substitute its judgment for that of the welfare division as to the weight
of the evidence on questions of fact. The court may affirm the decision of the
welfare division or remand the case for further proceedings. The court may
reverse the decision and remand the case to the division for further
proceedings if substantial rights of the appellant have been prejudiced because
the welfare divisions findings, inferences, conclusions or decisions are:

(a) In violation of
constitutional, regulatory or statutory provisions;

(b) In excess of the
statutory authority of the welfare division;

(c) Made upon unlawful
procedure;

(d) Affected by other
error of law;

(e) Clearly erroneous in
view of the reliable, probative and substantial evidence on the whole record;
or

(f) Arbitrary or
capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion.

4. An aggrieved
party may obtain review of any final judgment of the district court by appeal
to the supreme court. The appeal must be taken in the manner provided for civil
cases.

Sec. 6. NRS 422.294 is
hereby amended to read as follows:

422.294 1. [If]Subject to
the provisions of subsection 2, if an application for public assistance , or for food stamps issued pursuant to 7 U.S.C. §§ 2011 et
seq., is not acted upon by the welfare division within a reasonable time
after the filing of the application, or is denied in whole or in part, or if
any grant of assistance or food stamps is
modified or canceled, or if an applicant for or
recipient of public assistance or food stamps is
dissatisfied with any other action or failure to act on the part of the welfare
division with respect to his case, the applicant or recipient may appeal to the
welfare division and may be represented in the appeal by counsel [.]or other
representative of his choice.

2. Upon the initial decision to deny, modify or cancel public
assistance or food stamps, the welfare division shall notify that applicant or recipient
of its decision, the regulations involved and of his right to request a hearing
within a certain period. If a request for a hearing is received within that
period, the welfare division shall notify that person of the time, place and
nature of the hearing. The welfare division shall provide an opportunity
for a fair hearing of [such persons]that appeal and shall review his case in all
matters with respect to which he is dissatisfied.

[3. A
person aggrieved by the final decision of the welfare division with respect to
his public assistance case may, at any time within 90 days after the mailing to
him, by certified mail, of written notice of the decision, petition the
district court of the judicial district in which he resides to review the
decision and the district court may review the decision on the record of the
case before the welfare division, a copy of which must be certified as correct
by the administrator and filed by the welfare division with the clerk of the
court as part of its answer to any such petition
for review.

such petition for review. The
district court shall either affirm the decision of the welfare division, or, if
it concludes that the findings of the welfare division are not supported by
evidence or that the welfare divisions decision is arbitrary, capricious or
otherwise contrary to law, reverse the decision and remand the case to the
welfare division for further proceedings in conformity with the decision of the
court.]

2.060 1. Any justice of the
supreme court who has served as a justice or judge of a district court in any
one or more of those courts for a period or periods aggregating 20 years and
has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his life, a sum of money equal in amount to two-thirds the sum received as a
salary for his judicial services during the last year thereof, payable every 2
weeks from money provided by direct legislative appropriation.

2. Any justice of the supreme court who
has served as a justice or judge of a district court in any one or more of
those courts for a period or periods aggregating 10 years and has ended such
service is, after reaching the age of 60 years, entitled to receive annually
from the State of Nevada, as a pension during the remainder of his life, a sum
of money equal in amount to one-fourth the sum received as a salary for his
judicial services during the last year thereof, payable every 2 weeks from
money provided by direct legislative appropriation.

3. Any justice of the supreme court who
qualifies for a pension under the provisions of subsection 2 is entitled to
receive, for each year served beyond 10 years up to a maximum of 20 years, an
additional 4.1666 percent of the sum received as a salary for his judicial
services during the last year thereof, payable as provided in subsection 2.

4. Any justice who has retired pursuant
to subsection 3 and is thereafter recalled to additional active service in the
court system is entitled to receive credit toward accumulating 20 years
service for the maximum pension based upon the time he actually spends in the
additional active service.

5. Any justice who has the years of
service necessary to retire but has not attained the required age may retire at
any age with a benefit actuarially reduced to the required retirement age. A
benefit under this subsection must be reduced in the same
manner as benefits are reduced for persons retired under the public employees
retirement system.

subsection must be reduced in the same manner as benefits
are reduced for persons retired under the public employees retirement system.

6. Any person receiving a pension
pursuant to the provisions of this section is entitled to receive
post-retirement increases equal to those provided for persons retired under the
public employees retirement system.

7. Any justice who desires to [resign pursuant to the terms]receive the benefits of this section [must do so by notice in writing to the governor, and]
must file [forthwith] with the
state controller and the state treasurer an affidavit setting forth the fact [of his resignation,]that he is ending his service, the date and place of
his birth, and the years he has served in any district court or the supreme
court.

8. Upon such [a
registration]notice and filing of
the affidavit, the state controller shall draw his warrant, payable to the
justice who has thus [resigned,]ended his service, upon the state treasurer for the sum
due to him, and the state treasurer shall pay the sum out of funds provided by
direct legislative appropriation.

9. The faith of the State of Nevada is
hereby pledged that this section shall not be repealed or amended so as to
affect any justice who may have [resigned]ended his service pursuant to it.

Sec. 2. NRS 3.090 is hereby
amended to read as follows:

3.090 1. Any judge of the
district court who has served as a justice of the supreme court or judge of a
district court in any one or more of those courts for a period or periods
aggregating 20 years and has ended such service is, after reaching the age of
60 years, entitled to receive annually from the State of Nevada, as a pension
during the remainder of his life, a sum of money equal in amount to two-thirds
the sum received as a salary for his judicial services during the last year
thereof, payable every 2 weeks from money provided by direct legislative
appropriation.

2. Any judge of the district court who
has served as a justice of the supreme court or judge of a district court in
any one or more of those courts for a period or periods aggregating 10 years
and has ended such service is, after reaching the age of 60 years, entitled to
receive annually from the State of Nevada, as a pension during the remainder of
his life, a sum of money equal in amount to one-fourth the sum received as a
salary for his judicial services during the last year thereof, payable every 2
weeks from money provided by direct legislative appropriation.

3. Any judge of the district court who
qualifies for a pension under the provisions of subsection 2 is entitled to
receive, for each year served beyond 10 years up to a maximum of 20 years, an
additional 4.1666 percent of the sum received as a salary for his judicial
services during the last year thereof, payable as provided in subsection 2.

4. Any judge who has retired pursuant to
subsection 3 and is thereafter recalled to additional active service in the
court system is entitled to receive credit toward accumulating 20 years
service for the maximum pension based upon the time he actually spends in the
additional active service.

5. Any district judge who has the years
of service necessary to retire but has not attained the required age may retire
at any age with a benefit actuarially reduced to the required retirement age. A
retirement benefit under this subsection must be reduced in the same manner as
benefits are reduced for persons retired under the public employees retirement
system.

6. Any person receiving a pension
pursuant to the provisions of this section is entitled to receive
post-retirement increases equal to those provided for persons retired in the
public employees retirement system.

7. Any judge of the district court who
desires to [resign pursuant to the terms]receive the benefits of this section [must do so by notice in writing to the governor, and]
must file [forthwith] with the
state controller and the state treasurer an affidavit setting forth the fact [of his resignation,]that he is ending his service, the date and place of
his birth, and the years he has served in any district court or the supreme
court.

8. Upon such [a
resignation]notice and filing of
the affidavit, the state controller shall draw his warrant, payable to the
judge who has thus [resigned,]ended his service, upon the state treasurer for the sum
due to him, and the state treasurer shall pay the sum out of funds provided by
direct legislative appropriation.

9. The faith of the State of Nevada is
hereby pledged that this section shall not be repealed or amended so as to
affect any judge of the district court who may have [resigned]ended his service pursuant to it.

Sec. 3. The provisions of
sections 1 and 2 of this act apply to any justice of the supreme court or judge
of the district court who ended his service without formally resigning before
the effective date of this act and is otherwise eligible for a pension under
those sections.

Sec. 4. This act becomes
effective upon passage and approval.

________

CHAPTER 283, AB 97

Assembly Bill No.
97Committee on Taxation

CHAPTER 283

AN ACT relating to taxation; expanding the
acceptable documentation of eligibility for a disabled veterans exemption;
clarifying an exemption from the real property transfer tax regarding corporate
transfers; and providing other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 361.091 is
hereby amended to read as follows:

361.091 1. An actual bona
fide resident of the State of Nevada who has incurred a permanent
service-connected disability and has been honorably
discharged from the Armed Forces of the United States, or his surviving spouse,
is entitled to a disabled veterans exemption.

honorably discharged from the Armed Forces of the United
States, or his surviving spouse, is entitled to a disabled veterans exemption.

2. The amount of exemption is based on
the total percentage of permanent service-connected disability. The maximum
allowable exemption for total permanent disability is the first $10,000
assessed valuation. A person with a permanent service- connected disability of:

(a) Eighty to 99 percent, inclusive, is entitled
to an exemption of $7,500 assessed value.

(b) Sixty to 79 percent, inclusive, is entitled
to an exemption of $5,000 assessed value.

For the purposes of this section, any property in which an
applicant has any interest is deemed to be the property of the applicant.

3. The exemption may be allowed only to a
claimant who has made an affidavit annually, on or before August 1 of the year
preceding the year for which the tax is levied, for the purpose of being exempt
on the tax roll; but the affidavit may be made at any time by a person claiming
exemption from taxation on personal property.

4. The affidavit must be made before the
county assessor or a notary public and be submitted to the county assessor. It
must be to the effect that the affiant is an actual bona fide resident of the
State of Nevada, that he meets all the other requirements of subsection 1, and
that he does not claim the exemption in any other county within this state.

5. Before allowing any exemption pursuant
to the provisions of this section, the county assessor shall require proof of
the applicants status, and for that purpose shall require him to produce an
original or certified copy of:

(a) An honorable discharge or other document of
honorable separation from the Armed Forces of the United States which indicates
the total percentage of his permanent service-connected disability;

(b) A certificate of satisfactory service which
indicates the total percentage of his permanent service-connected disability;
or

(c) A certificate from the Veterans
Administration or any other military document which
shows that he has incurred a permanent service-connected disability and which
indicates the total percentage of that disability, together with a certificate
of honorable discharge or satisfactory service.

6. A surviving spouse claiming an
exemption pursuant to this section must file with the county assessor an
affidavit declaring that:

(a) The surviving spouse was married to and
living with the disabled veteran for the 5 years preceding his death;

(b) The disabled veteran was eligible for the
exemption at the time of his death; and

(c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the
certification required pursuant to subsections 4 and 5.

7. If a tax exemption is allowed under
this section, the claimant is not entitled to an exemption under NRS 361.090.

8. If any person makes a false affidavit
or produces false proof to the county assessor or a
notary public, and as a result of the false affidavit or false proof, the
person is allowed a tax exemption to which he is not entitled, he is guilty of
a gross misdemeanor.

(c) Approved in an equity receivership
proceeding involving a corporation, as defined in section 106 of the Bankruptcy
Act, 11 U.S.C. § 506; or

(d) Whereby a mere change in identity, form or
place of organization is effected, such as a transfer
between a corporation and its parent corporation, a subsidiary or an affiliated
corporation,

if the making, delivery or filing of instruments of transfer
or conveyance occurs within 5 years [from]after the date of [such]the confirmation, approval or change.

11. The making or delivery of conveyances
of real property to make effective any order of the Securities and Exchange
Commission if:

(a) The order of the Securities and Exchange
Commission in obedience to which [such]the transfer or conveyance is made recites that [such]the transfer
or conveyance is necessary or appropriate to effectuate the provisions of
section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

(b) [Such]The order specifies and itemizes the property
which is ordered to be transferred or conveyed; and

(c) [Such]The transfer or conveyance is made in obedience
to [such]the
order.

________

CHAPTER 284, AB 110

Assembly Bill No.
110Committee on Labor and Management

CHAPTER 284

AN ACT relating to industrial insurance;
making insurers files available for inspection by the administrator of the
division of industrial insurance regulation; expanding the duties of the
administrator; clarifying the provisions of the law concerning the payment of
the costs of administering the program of workmens compensation; and providing
other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616.193 is
hereby amended to read as follows:

616.193 1. The insurer must
provide access to the files of claims in its offices.

2. A file is available for inspection
during regular business hours by the employee or his designated agent , [and] the
employer [and]or his designated agent [.]and the administrator or his designated agent.

3. Upon request, the insurer must make
copies of anything in the file and may charge a reasonable fee for this
service. Copies of materials in the file which are
requested by the administrator or his designated agent must be provided free of
charge.

4. Until a claim is closed the file must
be kept in the office nearest to the place where the injury occurred.

5. [The]If a claim has been closed for at least 1 year, the insurer
may microphotograph or film any of its records [.]relating to that claim. The microphotographs or
films must be placed in convenient and accessible files, and provision must be
made for preserving, examining and using the records.

Sec. 2. NRS 616.220 is
hereby amended to read as follows:

616.220 The administrator shall:

1. Prescribe by regulation the time
within which adjudications and awards must be made.

3. Prescribe by regulation the methods by
which [the staff of] an insurer may
approve or reject claims, and may determine the amount and nature of benefits
payable in connection therewith. Every such approval, rejection and
determination is subject to review by a hearing officer.

4. Provide by regulation for adequate
notice to each claimant of his right:

(a) To review by a hearing officer of any
determination or rejection by the [staff.]insurer.

(b) To judicial review of any final decision.

5. Prescribe by
regulation the criteria by which an insurer who orders rehabilitative services
for an injured worker must provide those services.

6. Prescribe by
regulation the method for reimbursing an injured worker for expenses
necessarily incurred for travel more than 20 miles one way from his residence
or place of employment to his destination as a result of an industrial injury.

Sec. 3. NRS 616.5416 is
hereby amended to read as follows:

616.5416 1. The hearing
officer shall, within 5 days after receiving a request for a hearing, set the
hearing for a date and time within 30 days after his receipt of the request.

2. The hearing officer shall give notice
by mail or by personal service to all interested parties to the hearing at
least 15 days before the date and time scheduled.

3. If necessary to resolve a medical
question concerning an injured employees condition, the hearing officer may
refer the employee to a physician chosen by the hearing officer. If the medical
question concerns the rating of a permanent disability, the hearing officer may
refer the employee to a physician designated by the administrator. The insurer
shall pay the costs of any medical examination requested by the hearing
officer.

4. The hearing officer shall prepare
written findings of facts and render his decision within 15 days after:

(a) The hearing; or

(b) He receives a copy of the report from the
medical examination he requested.

5. The hearing officer shall give notice
of his decision to each party by mail. He must include with the notice of his
decision the necessary forms for appealing from the decision.

6. The decision of
the hearing officer is not stayed if an appeal from that decision is taken
unless a stay is granted by the hearing officer or an appeals officer within 30
days after the date on which the decision was rendered.

Sec. 4. NRS 616.647 is
hereby amended to read as follows:

616.647 1. [The administrator may impose an administrative fine,
not to exceed $500 for each violation, if the insurer or employer intentionally
or repeatedly:

(a) Induces]If the administrator has reason to believe that an
insurer or employer has:

(a) Induced a
claimant for compensation to fail to report an accidental injury or occupational
disease [.

(b) Persuaded a
claimant to settle for an amount which is less than reasonable [.

(c) Persuades];

(c) Persuaded a
claimant to settle for an amount which is less than reasonable while a hearing
or an appeal is pending [.

(d) Persuades];

(d) Persuaded a
claimant to accept less than the compensation found to be due him [.

(e) Refuses]by a hearing officer or appeals officer;

(e) Refused to pay
or [delays]unreasonably
delayed payment to a claimant of compensation found to be due him [.

(f) Makes]by a hearing officer or appeals officer;

(f) Made it
necessary for a claimant to resort to proceedings against the employer or
insurer for compensation found to be due him [.

(g) Fails]by a hearing officer or appeals officer;

(g) Intentionally or
repeatedly failed to comply with department regulations for the
acceptance and rejection of claims, determination and calculation of a
claimants average monthly wage, determination and payment of compensation,
delivery of accident benefits and reporting relating to these matters [.

(h) Fails]; or

(h) Failed to
comply with the departments regulations covering the payment of an assessment
relating to the funding of costs of administration of this chapter and chapter
617 of NRS , [.

2. If the employer
requests a hearing concerning the fine imposed pursuant to subsection 1,]

the administrator shall set a date for a hearing . [within 20]The date must be no sooner than 30 days after [receiving the appeal request, and shall give the
employer at least 10 business days] notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.

2. If, after an
evidentiary hearing, the administrator determines that the insurer or employer
has committed the alleged act, the administrator may impose an administrative
fine not to exceed $500 for each such action.

3. A record of the hearing must be kept
but it need not be transcribed unless it is requested by the insurer or employer and he pays the cost of
transcription.

4. [Within
5 business days after the hearing, the administrator shall either affirm or
disaffirm the fine and give the employer written notice thereof by certified
mail.

5.] Two or more
fines of $500 levied by the administrator in 1 year for [violations]acts enumerated in subsection 1 must be
considered by the commissioner as evidence for the possible revocation of a
certificate of self-insurance.

[6.]5. The commissioner may withdraw the
certification of a self-insured employer if, after a hearing, it is shown that
the self-insured employer committed any of the
[violations] acts enumerated in subsection 1.

employer committed any of the [violations]acts enumerated in subsection 1.

Sec. 5. NRS 618.235 is
hereby amended to read as follows:

618.235 1. The division must
be administered by the department.

2. A decision on any question arising
under the provisions of this chapter must be the decision of the administrator,
subject to review by the department.

[3. All
employers shall assume a share of the costs of administering the division which
will be based on the premium rate charged each employer for industrial
insurance.]

Sec. 6. NRS 232.650 is
hereby amended to read as follows:

232.650 The director may employ [, within the limits of legislative appropriations,]
such staff as is necessary for the performance of his duties.

Sec. 7. NRS 232.680 is
hereby amended to read as follows:

232.680 1. The cost of
carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of
supporting the department and its various divisions must be paid from
assessments payable by each insurer based upon expected annual expenditures for
claims. The department must adopt regulations which establish formulas of
assessment which result in an equitable distribution of costs among the
insurers.

2. [The
appropriation from the state general fund must defray the costs of the office
and staff of the director.

3.] Federal
grants may partially defray the costs of:

(a) The division of occupational safety and
health;

(b) The division of mine inspection; and

(c) Any other division as may be appropriate.

[4.]3. Assessments made against insurers by
the department after the adoption of regulations must be used to defray all
costs and expenses of administering the [workers
compensation program,]program of
workmens compensation, including the payment of:

(a) All salaries and other expenses in
administering the division of industrial insurance regulation, the division of
administrative services, the division of occupational safety and health and the
division of mine inspection [.], including the costs of the office and staff of the director.

(b) All salaries and other expenses of
administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings
division of the department of administration and the programs of self-insurance
and review of premium rates by the commissioner of insurance.

Sec. 8. Section 3 of this
act becomes effective at 12:01 a.m. on July 1, 1985.

________

κ1985
Statutes of Nevada, Page 867κ

CHAPTER 285, SB 162

Senate Bill No.
162Committee on Commerce and Labor

CHAPTER 285

AN ACT relating to drugs administered
parenterally; restricting the sale or dispensing of these drugs; regulating
their handling, preparation and delivery; and providing other matters properly
relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 639 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2,
3 and 4 of this act.

Sec. 2. Parenteral solutions or parenterals means those
prescription drugs which are administered into the human body by injection
under or through one or more layers of skin or mucous membrane.

Sec. 3. A parenteral solution which is utilized by a patient in his
home or in a health and care facility, other than a hospital as defined in NRS
449.012, may only be sold or dispensed:

1. By a registered
pharmacist or a practitioner;

2. If the date of
expiration is on its label; and

3. If a
practitioner, registered pharmacist or a registered nurse is available at all
times for immediate assistance to the patient in case of any pharmaceutical
problems encountered in its use.

Sec. 4. 1. Any parenteral which needs to be compounded in
this state before distribution for use in a home or a health and care facility,
other than a hospital as defined in NRS 449.012, must be compounded, packaged
and labeled:

(a) By a registered
pharmacist in a pharmacy licensed in this state, if those services are readily
available. The pharmacy shall ensure that the parenterals are delivered to the
patient and are not available for use after the date of expiration.

(b) Pursuant to
regulations adopted by the board if those services are not so readily
available.

2. In order to
maintain the stability of parenteral solutions and to prevent their
contamination and that of the personnel of the pharmacy, the board shall adopt
regulations, to include:

(a) The procedures for
the compounding, packaging, replacement and disposal of parenteral solutions;

(b) The conditions under
which these solutions must be prepared, stored and delivered;

(c) The equipment required
for the preparation, sterilization and storage of these solutions and the
maintenance and cleaning of this equipment; and

(d) The procedures for
the proper disposal of any material used in the preparation of these solutions.

639.001 As used in this chapter, the
words and terms defined in NRS 639.002 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed
to them in those sections unless a different meaning clearly appears in the
context.

________

CHAPTER 286, AB 163

Assembly Bill No.
163Committee on Education

CHAPTER 286

AN ACT relating to superintendents of
schools; authorizing the state board of education to require the superintendent
to hold a masters degree; and providing other matters properly relating
thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 391.110 is
hereby amended to read as follows:

391.110 1. The board of
trustees of a school district may:

(a) Employ any person certificated for the
position of administrator to serve as the superintendent of schools of the
school district. [In school districts having
7,000 or more pupils, the superintendent of schools must hold at least]The state board of education may require the
superintendent of any school district to hold a masters degree . [in school
administration or education.]

(b) Define his powers and fix his duties.

(c) Fix his salary.

2. No superintendent of schools may be
employed for more than a term of 1 year unless he has first served 2 years
satisfactorily as a certificated teacher or
administrator in the school district. If he has served 2 years satisfactorily
in the school district as a certificated teacher or administrator he may be
employed for a term of not to exceed 4 years.

3. A superintendent of schools may be
dismissed at any time for cause.

4. A superintendent of schools may
administer oaths or affirmations relating to public schools.

________

κ1985
Statutes of Nevada, Page 869κ

CHAPTER 287, SB 177

Senate Bill No.
177Senator Glover

CHAPTER 287

AN ACT making an appropriation to Carson
City for the states share in the purchase of a new fire engine; and providing
other matters properly relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to Carson City the sum of $63,750 for
payment of the states share in the purchase of a new fire engine with an
aerial ladder.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1986, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 288, SB 415

Senate Bill No.
415Senator Gibson

CHAPTER 288

AN ACT relating to property tax; exempting
the property of an airport which is available for use by the public without
charge from property taxes; and providing other matters properly relating
thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 361 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. The
acquisition, improvement or use of land by the public as an airport is a
municipal purpose, whether or not the airport is owned or operated by a local
government.

2. The real
property and improvements of a privately owned airport which are used by the
public without charge, including areas used for taking off, landing and taxiing
but excluding areas from which income is derived, are exempt from taxation.

________

κ1985
Statutes of Nevada, Page 870κ

CHAPTER 289, AB 221

Assembly Bill No.
221Committee on Transportation

CHAPTER 289

AN ACT relating to motor carriers;
extending the authority for regulation of the transportation of hazardous
material and of drivers and vehicles; and providing other matters properly
relating thereto.

[Approved May 25, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 706 of
NRS is hereby amended by adding thereto a new section to read as follows:

The commission and the
department may, by regulation applicable to common, contract and private motor
carriers of passengers and property, adopt standards for:

1. Safety for
drivers and vehicles; and

2. The
transportation of hazardous materials, including hazardous waste as defined in
NRS 444.712.

Sec. 2. NRS 706.246 is
hereby amended to read as follows:

706.246 1. [The provisions of all laws pertaining to the safe
operation of vehicles upon the highways of this state are hereby declared
applicable to all vehicles coming within the terms of this chapter.

2.] A common or
contract motor carrier shall not permit or require a driver to drive or tow any
vehicle revealed by inspection or operation to be in such condition that its
operation would be hazardous or likely to result in a breakdown of the vehicle,
and a driver shall not drive or tow any vehicle which by reason of its
mechanical condition is so imminently hazardous to operate as to be likely to
cause an accident or a breakdown of the vehicle. If, while any vehicle is being
operated on a highway, it is discovered to be in such an
unsafe condition, it may be continued in operation , except as further limited by subsection 2, only to
the nearest place where repairs can safely be effected, and even that operation
may be conducted only if it is less hazardous to the public than permitting the
vehicle to remain on the highway.

[3. Notwithstanding
the provisions of this section and NRS 484.697, a]

2. A common
or contract motor carrier or private motor carrier [subject
to the provisions of subsection 2 of NRS 706.776] shall not
permit or require a driver to drive or tow, and a driver shall not drive or tow,
any vehicle which [by]:

(a) By reason of
its mechanical condition is so imminently hazardous to operate as to be likely
to cause an accident or a breakdown [and which
vehicle has]; and

(b) Has been
declared out of service by an authorized employee of the commission or the
department.

When the repairs have been made, the carrier shall so
certify to the commission or the department, whichever
agency declared the vehicle out of service, [in accordance with the
requirements of] as required by the commission [.]

commission or the department, whichever agency declared the
vehicle out of service, [in accordance with the
requirements of]as required by the
commission [.]or the department.

Sec. 3. NRS 706.776 is
hereby amended to read as follows:

706.776 1. [No]The owner
or operator of a motor vehicle to which any provisions of NRS 706.011 to
706.861, inclusive, apply carrying passengers or property on any highway in the
State of Nevada shall not require [, suffer] or permit any driver of [such]the motor
vehicle to drive [any such motor vehicle]it in any one period longer than the time
permitted for [such]that period by the order of the commission [.]or the
department.

2. [The
commission shall have authority to extend to private carriers of explosives and
other dangerous articles, as defined by the rules and regulations of the
Department of Transportation, the safety rules and regulations applying to
common or contract carriers of such articles.

3. The labor
commissioner, peace officers, and authorized personnel of the commission and
the department]In addition to other
persons so required, the labor commissioner shall enforce the provisions
of this section.

[4. Any violation
of this section is a misdemeanor.]

Sec. 4. NRS 484.697 is
hereby amended to read as follows:

484.697 1. A person shall
not operate any vehicle [or combination of
vehicles] after notice of an unsafe condition or that the vehicle
is not equipped as required by this chapter, [except
as may be]unless it is necessary
to return the vehicle [or combination of vehicles]
to the residence or place of business of the owner or driver or to a garage [, until the vehicle and its equipment has been made to
conform with the requirements of this chapter.]and operation of the vehicle is not further limited by NRS
706.246.

2. If any peace officer or vehicle safety
inspector finds that any vehicle [or combination
of vehicles] is unsafe to a degree that continued operation would
endanger the driver, any other occupant or any person on a public highway, the
officer or inspector may require that the driver cease operation of the vehicle
[or combination of vehicles] or
that the vehicle [or vehicles] be
taken to the nearest garage or other safe place.

________

κ1985
Statutes of Nevada, Page 872κ

CHAPTER 290, AB 487

Assembly Bill No.
487Committee on Ways and Means

CHAPTER 290

AN ACT relating to aid to victims of
domestic violence; allocating to victims of rape part of the money collected to
aid victims of domestic violence; making an appropriation; and providing other matters
properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 217.410 is
hereby amended to read as follows:

217.410 [Each
board of county commissioners shall:

1. Create an
advisory board on domestic violence or designate an existing county board which
advises on welfare or other matters relating to social services to serve ex
officio as the advisory board. Such a board must consist of not less than three
nor more than seven members. If the board of county commissioners:

(a) Creates an advisory
board, it shall appoint as members:

(1) At least one
member who is a representative of the county or district health department or
of a rural mental health center of the division; and

(2) As its other
members, persons who are familiar with the problems associated with domestic
violence, such as former victims of domestic violence, representatives of
organizations which assist such victims, attorneys experienced in domestic
relations, social workers, counselors, teachers and ministers.

(b) Designates an
existing board to serve ex officio as the advisory board, at least one of the
members of that board must be familiar with the problems of domestic violence.

2. Establish
within the county treasury an enterprise fund known as the fund for assistance
to victims of domestic violence.

3. After
consultation with the advisory board:

(a) Award grants of money
from that fund, on an annual basis, to eligible organizations which perform
services within the county for victims of domestic violence; or

(b) Release money from
that fund to the board of county commissioners of any other county pursuant to
an interlocal agreement whereby services are made available to residents of the
contributing county who are victims of domestic violence.

4.] In counties
having a population of 250,000 or more, [upon the
approval of the administrator of the division, appropriate]the administrator of the division shall allocate 15
percent of all money [which is credited to]granted to organizations in the county from the
account for aid for victims of domestic violence to an organization in the
county which has been specifically created to assist victims of rape. The
administrator of the division has the final authority in determining whether an
organization may receive money [appropriated] pursuant to
this subsection.

organization may receive money [appropriated]
pursuant to this subsection. Any organization which receives money pursuant to
this subsection shall furnish reports to the [board
in the manner]administrator of the
division as required by NRS 217.460. To be eligible for this [appropriation,]money,
the organization must receive at least 15 percent of its money from
sources other than the Federal Government, the state, any local government or
other public body or their instrumentalities. Any goods or services which are
contributed to the organization may be assigned their reasonable monetary value
for the purpose of complying with this requirement.

Sec. 3. 1. There
is hereby appropriated from the state general fund to the account for aid to
victims of domestic violence the sum of $50,000.

2. The mental hygiene and mental
retardation division shall, before June 30, 1986, reimburse the state general
fund from money in the account for aid to victims of domestic violence, the
$50,000 appropriated by section 3 of this act.

Sec. 4. Section 2 of this
act becomes effective upon passage and approval.

AN ACT relating to agriculture; limiting
the treatment of agricultural activity as a nuisance for the purposes of civil
and criminal liability; and providing other matters properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 40.140 is
hereby amended to read as follows:

40.140 [Anything]1. Except as otherwise provided in
subsection 2, anything which is injurious to health, or indecent and
offensive to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property, is a nuisance,
and the subject of an action. [Such]The action may be brought by any person whose
property is injuriously affected, or whose personal enjoyment is lessened by
the nuisance , [;]
and by the judgment the nuisance may be enjoined or abated, as well as damages
recovered.

2. It is presumed:

(a) That an agricultural
activity conducted on farmland, consistent with good agricultural practice and
established before surrounding nonagricultural
activities is reasonable.

nonagricultural activities is
reasonable. Such activity does not constitute a nuisance unless the activity
has a substantial adverse effect on the public health or safety.

(b) That an agricultural
activity which does not violate a federal, state or local law, ordinance or
regulation constitutes good agricultural practice.

Sec. 2. NRS 202.450 is
hereby amended to read as follows:

202.450 1. A public nuisance
is a crime against the order and economy of the state.

2. Every place:

(a) Wherein any gambling, bookmaking or pool
selling is conducted without a license as provided by law, or wherein any
swindling game or device, or bucket shop, or any agency therefor [shall be]is conducted,
or any article, apparatus or device useful therefor [shall
be]is kept;

(d) [Shall in any
way render]In any way renders a
considerable number of persons insecure in life or the use of property,

is a public nuisance.

4. Agricultural
activity conducted on farmland consistent with good agricultural practice and
established before surrounding nonagricultural activities is not a public
nuisance unless it has a substantial adverse effect on the public health or
safety. It is presumed that an agricultural activity which does not violate a
federal, state or local law, ordinance or regulation constitutes good agricultural
practice.

________

κ1985
Statutes of Nevada, Page 875κ

CHAPTER 292, SB 164

Senate Bill No.
164Committee on Commerce and Labor

CHAPTER 292

AN ACT relating to pharmacy; changing
certain regulatory provisions; changing certain penalties concerning dangerous
drugs; restricting the dispensing or acquisition of certain controlled
substances; allowing a single prescription blank to be used to order multiple
prescriptions for dangerous drugs; abolishing the regulation of vending
machines or devices containing prophylactic products; providing a penalty; and
providing other matters properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 639 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 5.5, inclusive, of this act.

Sec. 2. Managing pharmacist means a registered pharmacist who is
responsible for the operation of a pharmacy.

Sec. 3. 1. A registered pharmacist may apply to the board
to be placed on inactive status. The board may grant the application if the
applicant:

(a) Has a medical
disability as determined by the board; or

(b) Is at least 65 years
of age,

and, as of the date of the
application, meets all the requirements for the issuance or renewal of a
certificate of registration as a pharmacist.

2. If the
application is granted, the applicant shall not engage in the practice of
pharmacy unless he has been returned to active status.

3. A registered
pharmacist who has been placed on inactive status pursuant to this section is
exempt from the requirements for continuing professional education.

4. The board shall
adopt regulations concerning:

(a) The procedures for
making an application under this section; and

(b) The procedures and
terms upon which a registered pharmacist who has been placed on inactive status
may resume the practice of pharmacy.

Sec. 4. 1. Every order of the board which limits the
practice of pharmacy or any privileges extended by any certificate, permit,
registration or license is effective until the date the order is modified or
reversed by a final judgment of the reviewing court. The court shall not stay
the order of the board unless the board has failed to comply with the
procedural requirements provided for in NRS 233B.140.

2. The district
court shall give a petition for judicial review of the boards order priority
over other civil matters which are not expressly given priority by law.

Sec. 5. The board may suspend or revoke any manufacturers or
wholesalers permit or deny the application of any person who has applied for a
permit, if the holder or applicant:

1. Has willfully
made to the board or its authorized representative any false written statement which is material to the
administration or enforcement of any of the provisions of this chapter;

any false written statement which is
material to the administration or enforcement of any of the provisions of this
chapter;

2. Has obtained
any permit by the filing of an application, or any record, affidavit or other
information in support thereof, which is false or fraudulent;

3. Has violated,
attempted to violate, assisted or abetted in the violation of or conspired to
violate any of the provisions or terms of this chapter applicable to such
permit; or

4. Has failed to
renew his permit by failing to pay the renewal fee therefor.

Sec. 5.5. It is unlawful for the holder of a certificate of registration
or a certificate as an intern pharmacist, a license or a permit granted under
the provisions of this chapter to dispense, sell, furnish or fit any cosmetic
or therapeutic contact lens or any contact lens which is used to correct visual
acuity.

Sec. 6. NRS 639.001 is
hereby amended to read as follows:

639.001 As used in this chapter, the
words and terms defined in NRS 639.002 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed
to them in those sections unless a different meaning clearly appears in the
context.

Sec. 7. NRS 639.0125 is
hereby amended to read as follows:

639.0125 Practitioner means:

1. A physician, dentist, veterinarian or
podiatrist who holds a valid license to practice his profession in this state ; [.]

2. A hospital or other institution
licensed, registered or otherwise permitted to distribute, dispense, conduct
research with respect to or [to] administer
drugs in the course of professional practice or research in this state [.]; or

3. A registered
nurse who has been authorized to prescribe poisons, dangerous drugs and
devices.

Sec. 8. NRS 639.120 is
hereby amended to read as follows:

639.120 An applicant to become a
registered pharmacist in this state must:

1. Be of good moral character.

2. Be a graduate of a college of pharmacy
or department of pharmacy of a university accredited by the American Council on
Pharmaceutical Education and approved by the board [.

3. Satisfactorily
pass]or a graduate of a foreign school
who has passed an examination for foreign graduates approved by the board to
demonstrate that his education is equivalent.

3. Pass an
examination approved and given by the [Nevada
state board of pharmacy]board with
a grade of at least [60 percent on any part of]75 on the examination as a
whole and a grade of at least 75 [percent
for the entire examination.]on the
examination on law. An applicant for registration
by reciprocity [registration shall take
and]must pass the [law] examination on
law with at least a grade of 75 . [percent.]

639.127 1. An applicant for
registration as a pharmacist in this state must submit an application to the
secretary of the board on a form furnished by the board and must pay the fee
fixed by the board. The fee must be paid at the time the application is
submitted and is compensation to the board for [either]
the investigation [or]and the examination of the applicant. Under no
circumstances may the fee be refunded.

2. Proof of the qualifications of any
applicant must be made to the satisfaction of the board and must be
substantiated by affidavits, records or such other evidence as the board may
require.

3. An application is only valid for 1
year from the date it is received by the board unless the board extends its
period of validity.

Sec. 10. NRS 639.130 is
hereby amended to read as follows:

639.130 1. An applicant for
a certificate as a registered pharmacist who has failed to pass the boards
examination for [such]the certificate is not eligible for reexamination until
the next regularly scheduled examination conducted by the board.

2. [An
applicant failing the entire examination is required to retake the entire
examination. If the applicant fails only part of the examination, he is
required to retake only that part and may retake any other part of the
examination.

3. Except as
specifically provided in NRS 639.133, no]No
subsequent examination may be given to any
applicant until he has filed a new application and paid a [new] fee therefor.

Sec. 11. NRS 639.133 is
hereby amended to read as follows:

639.133 1. The board may
issue [certificates]a certificate of registration as [pharmacists]a
pharmacist to [those persons who qualify]a person who qualifies under the provisions of
this section [, irrespective of the provisions of
subsection 2 of NRS 639.120,] if the board has determined by
examination, either oral or written, or both, that
[such applicants are capable and are]the applicant is qualified by education or
experience, or both, [adequately] to
practice the profession of pharmacy in this state and that [they meet]he
meets the requirements of subsection 2.

2. The applicant:

(a) Must have been registered as a pharmacist in
good standing in another state [prior to]before the filing of his application [.

(b) Who];

(b) If he has been
registered as a pharmacist in another state for 5 years or longer , must have been actively engaged in the practice of
pharmacy for at least 1 year during the 3 years next preceding the date of his
application [.]; and

(c) Must be of good moral character.

3. The fee for the investigation [or]and examination
of an applicant [for a certificate of
registration under the provisions of this section shall be fixed by the board
as provided in NRS 639.170. The fee] must accompany the
application and [shall]may not be refunded. [Any
such applicant who has failed to pass a
satisfactory examination may apply for one reexamination if a request therefor
has been received and approved by the board within 1 year after the original
examination was given.

applicant who has failed to pass a
satisfactory examination may apply for one reexamination if a request therefor
has been received and approved by the board within 1 year after the original
examination was given. On approval of such a request the board shall grant one
reexamination without the payment of a new fee.]

4. The board may conduct such
investigations as [may be deemed]it considers necessary to establish the moral character
of any applicant for [licensure]registration under the provisions of this section.

Sec. 12. NRS 639.134 is
hereby amended to read as follows:

639.134 1. The
board [in its discretion] may,
without an examination, register as a pharmacist any person who:

[1.](a) Is registered as a pharmacist in another
jurisdiction if [such pharmacist]he was required to [take]pass an examination in order to be registered in [such other jurisdiction;

2. If he produces]that jurisdiction;

(b) Produces evidence
satisfactory to the board [of having had]that he has the required secondary and
professional education and training [; and

3. If he is possessed
of good morals, as is demanded of applicants for registration and renewal of
registration under the provisions of this chapter.]and, if a graduate of a foreign school, produces evidence
that, before taking the examination for registration in that jurisdiction, he
passed an examination for foreign graduates offered in that jurisdiction which
is comparable to the examination required in subsection 2 of NRS 639.120; and

(c) Is of good moral
character.

2. The
provisions of this section apply only if pharmacists registered in this state
are granted similar privileges by the state in which the applicant is
registered.

Sec. 13. NRS 639.138 is
hereby amended to read as follows:

639.138 [1. The
board shall have the right to deny any application for a certificate, license
or permit if, after investigation, it is found that the applicant has committed
any act included in NRS 639.210 which would authorize the board to conduct proceedings
to suspend or revoke such certificate, license or permit, if it had been
previously issued.

2. After the
decision of the board to deny an application has been entered in the official
minutes, and in any case within 10 days after the decision has been adopted by
the board,]If the board, after an
investigation, denies any application for a certificate, license or permit, the
secretary shall notify the applicant, within 10 days
after the denial is approved by the board and entered in the official minutes, by
registered or certified mail, of the denial of the application and the reasons
therefor. The notice [shall]must inform the applicant of his right to petition the
board for reconsideration and his right to submit evidence to controvert the
alleged violations on which the denial was based.

Sec. 14. NRS 639.170 is
hereby amended to read as follows:

639.170 1. The board shall
charge and collect not more than the following fees for the following services:

For investigation
[or]and examination
of applicant for certificate as registered pharmacist.......................................................................................... [$100]$200

For investigation
[or]and examination
of applicant for certificate as registered pharmacist by reciprocity........................................................................... 150

For the
investigation or issuance of an original license to conduct a retail pharmacy............................................................................................................... [150]400

For biennial
renewal of a license to conduct a retail pharmacy.................. 300

For the
investigation or issuance of an original license to conduct a hospital pharmacy
for inpatients..................................................................... [150]400

For biennial
renewal of a license to conduct a hospital pharmacy for inpatients 300

For issuance of
certificate of registration as registered pharmacist........... 50

For biennial renewal
of certificate of registration as registered pharmacist 100

For reinstatement
of lapsed certificate of registration (in addition to renewal fees for period
of lapse)............................................................................................ 50

For issuance of
duplicate certificate of registration..................................... 25

For biennial
registration of a hospital pharmaceutical technician.............. 10

For issuance of
manufacturers or wholesalers permit............................... 100

For [issuance of] biennial renewal of permit
for manufacturer or wholesaler 200

For issuance of
permit to vend, sell, offer to sell or furnish any hypodermic device .................................................................................................................... 25

For biennial
renewal of permit to vend, sell, offer to sell or furnish any hypodermic device............................................................................................................ 50

[For issuance of permit to supply or operate vending
machines or devices for distribution of any prophylactic............................................................... 100

For biennial renewal of permit to supply or operate vending
machines or devices for distribution of any prophylactic............................................................... 200]

For reissuance of
license issued to retail pharmacy, when no change of ownership is involved, but
the license must be reissued because of a change in the information required
thereon.......................................................................................... $25

For biennial renewal of a certificate of registration issued
to a registered pharmacist placed on inactive status..................................................... 50

2. If a person requests a special service
from the board or requests the board to convene a special meeting, he shall pay
the actual costs to the board as a condition precedent to the rendition of the
special service or the convening of the special meeting.

4. The board may, by regulation, set the
penalty for failure to pay the renewal fee for any license, permit or
certificate within the statutory period, at an amount not to exceed 100 percent
of the renewal fee for each year of delinquency in addition to the renewal fees
for each year of delinquency.

Sec. 15. NRS 639.180 is
hereby amended to read as follows:

639.180 1. A certificate as
a registered pharmacist [shall]must be issued to each person who [is deemed qualified by the board in compliance with]the board determines is qualified under the provisions
of NRS 639.120, [639.127, 639.133, 639.134 and
NRS 639.217 to 639.2178, inclusive.]639.133
and 639.134. The certificate entitles the person to whom it is issued to
practice pharmacy in this state.

2. Each person to whom [such]this certificate
has been issued may, [if he so desires and]
if his certificate has not been revoked, renew his certificate biennially upon
making application and paying the renewal fee [fixed
by the board as provided in NRS 639.170] and complying with the [provisions of NRS 639.217 to 639.2178, inclusive.

3. Application]requirement of continuing professional education if
applicable.

3. The application
for the renewal of [such]this certificate, together with the [renewal fee, shall]fee for renewal must be delivered to the secretary of
the board on or before the 1st Monday in September next preceding the
expiration date of any [presently] existing
valid certificate or [renewal] receipt.

4. [A
certificate as a registered pharmacist shall be renewed biennially,]If a certificate is renewed, it must be dated as
of November 1, and delivered to the applicant on or before that date.

5. The board may refuse to renew a
certificate if the applicant has committed any act proscribed by NRS 639.210.

Sec. 16. NRS 639.210 is
hereby amended to read as follows:

639.210 The board may suspend or revoke [:

1. Any]any certificate, license, registration or permit [,]issued under
the provisions of this chapter, and deny the application of any person
for a certificate, license, registration or permit, [who:

(a)]if the holder or applicant:

1. Is not
of good moral character;

[(b)]2. Is guilty of habitual intemperance;

[(c)]3. Becomes or is intoxicated or under the
influence of liquor, any depressant drug or a controlled substance as defined
in chapter 453 of NRS, unless taken pursuant to a physicians prescription,
while on duty in any establishment licensed by the board;

[(d)]4. Is guilty of unprofessional conduct or
conduct contrary to the public interest;

[(e)]5. Is addicted to the use of any
controlled substance as defined in chapter 453 of NRS;

[(f)]6. Has been convicted of a violation of
any law related to controlled substances as defined in chapter 453 of NRS, of
the Federal Government or of this or any other state;

[(g)]7. Has been convicted of a felony or other
crime involving moral turpitude, dishonesty or corruption;

[(h)]8. Has willfully made to the board or its
authorized representative any false [written]
statement which is material to the administration or enforcement of any of the
provisions of this chapter;

[(i)]9. Has obtained any certificate,
certification, license or permit by the filing of an application, or any
record, affidavit or other information in support thereof, which is false or
fraudulent;

[(j)]10. Has violated any provision of the
Federal Food, Drug, and Cosmetic Act or any other federal law or regulation
relating to prescription drugs;

[(k)]11. Has violated, attempted to violate,
assisted or abetted in the violation of or conspired to violate any of the
provisions [or terms] of this
chapter or any law or regulation relating to the practice of pharmacy [, including laws and regulations governing controlled
substances and dangerous drugs,] or has permitted, allowed,
condoned or failed to report a violation of any of the provisions of this [section]chapter
or any law or regulation relating to the practice of pharmacy committed
by a registered pharmacist in his employ;

[(l)]12. Has failed to renew his certificate,
license or permit by failing to pay the renewal fee therefor;

[(m)]13. Has had his certificate, license or
permit suspended or revoked in another state on grounds which would cause
suspension or revocation of a certificate, license or permit in this state;

[(n)]14. Has, as a [responsible]
managing pharmacist, violated any provisions of law or regulation concerning
recordkeeping or inventory requirements in a store over which he presides [as responsible managing pharmacist] or
has allowed a violation of any provision of this chapter or other state or
federal laws or regulations relating to the practice of pharmacy [, including statutes governing controlled substances
and dangerous drugs,] by personnel of the pharmacy under his
supervision [as responsible managing pharmacist;
or

(o)]; or

15. Has
repeatedly been negligent, as may be evidenced by claims of malpractice settled
against him.

[2. Any
manufacturers or wholesalers permit or any permit to supply or operate
vending machines or devices for distribution of any prophylactic issued to any
person, or to deny the application of any person who has applied for a permit
who:

(a) Has willfully made to
the board or its authorized representative any false written statement which is
material to the administration or enforcement of any of the provisions of this
chapter;

(b) Has obtained any
permit by the filing of an application, or any record,
affidavit or other information in support thereof, which is false or
fraudulent;

record, affidavit or other
information in support thereof, which is false or fraudulent;

(c) Has violated,
attempted to violate, assisted or abetted in the violation of or conspired to
violate any of the provisions or terms of this chapter applicable to such
permit; or

(d) Has failed to renew
his permit by failing to pay the renewal fee therefor.]

Sec. 17. NRS 639.2171 is
hereby amended to read as follows:

639.2171 The legislature [hereby] finds and declares that:

1. The practice of the profession of
pharmacy is directly related to the public health and welfare of the citizens
of [the State of Nevada]this state and is subject to regulation and control in
the public interest.

2. Because of the continuous introduction
of new medicinal agents and the changing concepts of the [delivery of health-care services in the]
practice of pharmacy, [at both the institutional
and community levels,] it is essential that a pharmacist
undertake a [continuing-education] program
of continuing education in order to maintain and
improve his professional competency.

3. To [assure]ensure the continued competency of the pharmacist
and to maintain uniform qualifications for the licensing of pharmacists in
order to protect the health and welfare of its citizens, the legislature deems
it in the public interest to adopt a program of continuing
professional education . [program.]

4. NRS [639.217]639.2171 to 639.2178, inclusive, [shall]must be
liberally construed in order to carry out their stated purposes.

Sec. 18. NRS 639.2172 is
hereby amended to read as follows:

639.2172 As used in NRS [639.217]639.2171
to 639.2178, inclusive, the words and terms defined in this section have
the meanings ascribed to them in this section unless the context otherwise
requires:

1. Accredited program means those
seminars, classes, meetings, work projects and other educational programs in
pharmacy approved by the board for purposes of continuing professional
education.

2. Continuing professional education
means professional, pharmaceutical postgraduate education in the general areas
of the socioeconomic and legal aspects of [health]medical care, the properties and actions of drugs
and dosage forms, and the etiology, characteristics and therapeutics of the
diseased organism.

639.2176 The board shall adopt
regulations necessary to carry out the stated purposes of NRS [639.217]639.2171
to 639.2178, inclusive, which must include the methods of determining
accredited programs, the number of hours of continuing professional education
necessary to constitute a continuing-education unit, the number of units
required of each pharmacist during the period for which a certificate is issued
and such other regulations consistent with NRS [639.217]639.2171 to 639.2178, inclusive, as the board may
determine to be necessary.

639.220 1. Except as
otherwise provided in [subsection 2,]
NRS 639.2324, 639.2326 and 639.2327 each pharmacy must be managed by a
registered pharmacist , approved by the board, who
is [physically present when it is open for
business.

2. The requirement
of subsection 1 does not prohibit the board from authorizing the absence of the
registered pharmacist]responsible for
compliance by the pharmacy and its personnel with all state and federal laws
and regulations relating to the operation of the pharmacy and the practice of
pharmacy.

2. If the managing
pharmacist is the only registered pharmacist employed in the pharmacy, the
board may authorize his absence each day for a total period of not to
exceed 2 hours for the purpose of taking meals if:

(a) [The]A registered pharmacist is on call during his
absence;

(b) A sign, as prescribed by regulations of the
board, is posted for public view in the pharmacy indicating the absence of the
pharmacist and the hours of his absence; and

(c) All drugs, poisons, chemical and restricted
devices are kept safe in a manner prescribed by regulations of the board.

The authorization required from the board must be in writing
and be retained in the pharmacy, available for inspection.

3. A person shall not act as a managing
pharmacist for more than one licensed pharmacy. Each managing pharmacist shall
be on duty in the pharmacy and active in the management of the pharmacy [on a full-time basis.]full time, but he need not be present during the time the
pharmacy is open for business if he designates another pharmacist employed in
the pharmacy to assume his duties in his absence. The managing pharmacist is
responsible for the activities of his designee.

4. The board must
be notified before there is a change in the managing pharmacist.

Sec. 21. NRS 639.230 is
hereby amended to read as follows:

639.230 1. A pharmacy shall
not operate as such or use the word drug or drugs, prescription or
pharmacy, or similar words or words of similar import, without first having
secured a license [so to do] from
the board.

2. Each license must be issued to a specific
person and for a specific location and is not transferable. The original
license must show the name of the owner [or
owners, partners or corporation officers] and the name of the [responsible] managing pharmacist and be
displayed on the licensed premises as provided in NRS 639.150. If the owner is a partnership or corporation, the names of the
partners or officers must also be shown. Any change of partners [, corporation officers or responsible managing
pharmacist shall]or corporate officers
must be immediately reported to the board. The original license together
with the fee required for reissuance of a license [as
provided in NRS 639.170] must be submitted to the
board [prior to] before the reissuance of the license.

639.170] must be
submitted to the board [prior to]before the reissuance of the license.

3. Every person holding a [pharmacy] license to operate a pharmacy shall:

(a) Satisfy the board that the [same]pharmacy is
conducted according to law.

(b) Biennially, on or before May 2 of the year
in which the license or renewal expires, pay to the secretary of the board the
biennial fee.

4. Upon receipt of the biennial fee , the secretary of the board shall register the
pharmacy [, store or dispensary] and
shall furnish the [store] manager
or proprietor with a [renewal] receipt
valid for 2 years from July 1 next succeeding such payment. [The license and renewal receipt shall be subject to
the provisions of subsections 5 and 6 and the other provisions of this chapter.]

5. Failure to pay the [biennial renewal fee prior to]fee for biennial renewal before July 1 subjects the
licensee to the penalty fixed by the board for failure to renew. Failure to pay
the [renewal] fee and penalty
thereon within 30 days after the delinquent date results in automatic
forfeiture of the [pharmacy] license.

6. [The
license and renewal receipt may at any time be suspended or revoked upon proof
to the satisfaction of the board, after notice to the licensee and after a
hearing at which the licensee may be present, that the licensed premises are
being operated in violation of this chapter or in a manner contrary to the
public interest.

7. Any unlawful
act or]Any violation of any of the
provisions of this chapter by a [responsible]
managing pharmacist or by personnel of the pharmacy under the supervision of
the [responsible] managing
pharmacist [, including recordkeeping and inventory
violations,] is cause for the suspension or revocation of the
license of the pharmacy by the board.

(b) To any partnership, corporation or
association in which [any such person has any
beneficial interest.]a practitioner has a
controlling interest or owns more than 10 percent of the available stock.

2. This section does not:

(a) Apply to a hospital pharmacy [;] or a health
maintenance organization which holds a certificate of authority under chapter
695C of NRS.

(b) Prohibit ownership by
a practitioner of a building in which a pharmacy is located, if space
for [such]the
pharmacy is rented at the prevailing rate. [Such
rental may be a flat monthly rental, a percentage of gross receipts, or a
combination of these methods.]

Sec. 23. NRS 639.2325 is
hereby amended to read as follows:

639.2325 1. A hospital
pharmaceutical technician may only be employed in a
hospital pharmacy, in accordance with such regulations as may be adopted by the
[state board of pharmacy.]

employed in a hospital pharmacy, in accordance with such
regulations as may be adopted by the [state board
of pharmacy.]board.

2. A hospital pharmaceutical technician
must not be employed in:

(a) The [outpatient]
section of a hospital pharmacy [; or]which treats outpatients, in any capacity other than
clerical; or

(b) Any pharmacy other than a hospital pharmacy.

3. All work done by a hospital
pharmaceutical technician must be under the direct [and
immediate] supervision of a registered pharmacist, who is
responsible for all work so performed.

4. A hospital pharmaceutical technician
must register biennially with the board and pay the required registration fee.

Sec. 24. NRS 639.2353 is
hereby amended to read as follows:

639.2353 1. A prescription
must be given:

(a) Directly from the practitioner to a
pharmacist;

(b) Indirectly by means of an order signed by
the practitioner; or

(c) By an oral order transmitted by an agent of
the practitioner.

2. A written prescription must contain:

(a) The name [,
signature and address]and signature of
the practitioner [;], and his address if not immediately available to the
pharmacist;

(b) The classification of his license;

(c) His registration number assigned by the Drug
Enforcement Administration [;]if the prescription is for a controlled substance;

(d) The name [and
address] of the patient [;], and his address if not immediately available to the
pharmacist;

(e) The name and quantity of the drug or drugs
prescribed;

(f) Directions for use; and

(g) The date of issue.

3. The directions for use must be
specific in that they indicate the portion of the body to which the medication
is to be applied or, if to be taken into the body by means other than orally,
the orifice or canal of the body into which the medication is to be inserted or
injected.

Sec. 25. NRS 639.2587 is
hereby amended to read as follows:

639.2587 When a [substitution
is made pursuant to NRS 639.2581 to 639.2599, inclusive,]generic drug is substituted for a drug prescribed by brand
name, the pharmacist shall note the name of the manufacturer, packer or
distributor of the drug actually dispensed on the prescription.

Sec. 26. NRS 639.2591 is
hereby amended to read as follows:

639.2591 A pharmacist may not [make a substitution pursuant to NRS 639.2581 to
639.2599, inclusive,]substitute a generic
drug for a drug prescribed by brand name unless the manufacturer of the
drug which he proposes to substitute is licensed in Nevada and:

1. All products are dated with an
expiration date on the original package ; [.]

2. All tablets and capsules , except for hypodermic and sublingual tablets, have
the manufacturers product identification code imprinted on them ; [.]

3. The manufacturer is capable of
recalling unsafe or defective drugs, and has filed a statement describing its
capability with the board [.]; and

4. The manufacturer has filed a liability
statement relative to its drugs with the board.

Sec. 27. NRS 639.283 is
hereby amended to read as follows:

639.283 Any person who, while on duty in
a pharmacy licensed by the board, sells, dispenses or compounds any prescription,
or sells any drug or poison while under the influence of intoxicating liquor or
any depressant drug or controlled substance , unless
taken pursuant to a physicians prescription, is guilty of a
misdemeanor.

Sec. 28. Chapter 453 is
hereby amended by adding thereto a new section to read as follows:

1. Any pharmacist
who violates any regulation of the board regulating the dispensing of a
controlled substance for which a prescription is not required is guilty of a
gross misdemeanor.

2. Any person who
knowingly or intentionally makes a false representation to a pharmacist for the
purpose of obtaining a controlled substance for which a prescription is not
required is guilty of a gross misdemeanor.

Sec. 29. NRS 453.331 is
hereby amended to read as follows:

453.331 1. It is unlawful
for any person knowingly or intentionally to:

(a) Distribute as a registrant a controlled
substance classified in schedule I or II, except pursuant to an order form as
required by NRS 453.251 or pursuant to the provisions of NRS 453.740 to
453.810, inclusive;

(b) Use in the course of the manufacture or
distribution of a controlled substance a registration number which is
fictitious, revoked, suspended or issued to another person;

(c) Assume falsely the title of or represent
himself as a registrant or other person authorized to possess controlled
substances;

(d) Acquire or obtain or attempt to acquire or
obtain possession of a controlled substance or a prescription for a controlled
substance by misrepresentation, fraud, forgery, deception, subterfuge [,] or alteration;

(e) Furnish false or fraudulent material
information in, or omit any material information from, any application, report
or other document required to be kept or filed under the provisions of NRS
453.011 to 453.551, inclusive, or any record required to be kept by those
sections;

(f) Sign the name of a fictitious person or of
another person on any prescription for a controlled substance or falsely make,
alter, forge, utter, publish or pass, as genuine, any prescription for a
controlled substance;

(g) Make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or reproduce the
trade-mark, trade name or other identifying mark, imprint or device of another
or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render the drug a counterfeit substance;

likeness of any of the foregoing upon any drug or container
or labeling thereof so as to render the drug a counterfeit substance;

(h) Possess prescription blanks which have been
signed before being filled out; or

(i) Make a false representation to a pharmacist
for the purpose of obtaining a controlled substance [.]for which a prescription is required.

2. Any person who violates this section
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 6 years, and may be further punished by a fine of not more than
$5,000.

Sec. 30. NRS 454.221 is
hereby amended to read as follows:

454.221 1. Any person who
furnishes any dangerous drug except upon the prescription of a practitioner [is guilty of a gross misdemeanor,]shall be punished by imprisonment in the state prison for not
less than 1 year nor more than 6 years, or by a fine of not more than $5,000,
or by both fine and imprisonment, unless the dangerous drug was obtained
originally by a legal prescription.

2. The provisions of this section do not
apply to the furnishing of any dangerous drug by:

(a) A practitioner to his own patients as
provided in NRS 454.301;

(b) A physicians assistant if authorized by the
board;

(c) A registered nurse while participating in a
public health program approved by the board, or a registered nurse who holds a
certificate from the state board of nursing and a certificate from the state
board of pharmacy permitting him to possess and administer or dispense
dangerous drugs;

(d) A manufacturer or wholesaler or pharmacy to
each other or to a practitioner or to a laboratory under sales and purchase
records that correctly give the date, the names and addresses of the supplier
and the buyer, the drug and its quantity;

(e) A hospital pharmacy or a pharmacy so
designated by a district health officer to the holder of a permit for the
operation of an ambulance service or an air ambulance service to stock
ambulances or replenish the stock; or

(f) A prison pharmacy to a person designated by
the director of the department of prisons to administer a lethal injection to a
person who has been sentenced to death.

Sec. 30.5. NRS 454.223 is
hereby amended to read as follows:

454.223 1. Each prescription
for a dangerous drug must be written on a [separate]
prescription blank or as an order on the chart of a patient. [The chart of a patient may be used to order multiple
prescriptions for that patient.]

2. A written prescription must contain:

(a) The name and signature of the practitioner, and
his address if not immediately available to the pharmacist;

(b) The classification of his license;

(c) The name of the patient, and his address if
not immediately available to the pharmacist;

3. Directions for use must be specific in
that they must indicate the portion of the body to which the medication is to
be applied, or, if to be taken into the body by means other than orally, the
orifice or canal of the body into which the medication is to be inserted or
injected.

Sec. 31. NRS 454.279 is
hereby amended to read as follows:

454.279 1. A practitioner may purchase supplies of poisons, dangerous
drugs and devices from a pharmacy if he presents to the pharmacy a written
order signed by him.

2. A
hospital pharmacy or a pharmacy designated for this purpose by a district
health officer may sell the holder of a permit for the operation of an
ambulance service or air ambulance service supplies of dangerous drugs to stock
his ambulances or replenish the stock if:

(a) The purchase order is countersigned by a
physician; and

(b) The intermediate emergency medical
technician, the advanced emergency medical technician-ambulance or the
registered nurse who is in charge of the dangerous drugs in the ambulance is,
respectively, appropriately certified by the health division or licensed by the
state board of nursing.

[2.]3. The state board of pharmacy shall adopt
regulations regarding the records a pharmacist shall keep of [such sales.]any
purchase made pursuant to this section.

Sec. 32. NRS 454.311 is
hereby amended to read as follows:

454.311 1. Every person,
other than a peace officer or inspector of the board in the performance of his
official duty, who knowingly or intentionally obtains or attempts to obtain
possession of a dangerous drug or a prescription for a dangerous drug by
misrepresentation, fraud, forgery, deception, subterfuge or alteration shall be
punished by imprisonment in the state prison for not less than 1 year nor more
than 6 years, and may be further punished by a fine of not more than $5,000.

2. Any person who knowingly has in his
possession any false, fictitious, forged or altered prescription for a
dangerous drug [is guilty of a gross misdemeanor.]shall be punished by imprisonment in the state prison
for not less than 1 year nor more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.

3. Every person who knowingly:

(a) Receives any dangerous drug from, or has in
his possession or under his control any dangerous drug obtained by, another
person as a result of any forged, false, fictitious or altered prescription; or

(b) Fills a prescription which is not genuine,

shall be punished by imprisonment in the state prison for
not less than 1 year nor more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.

454.321 [1. Anyone
authorized by the provisions of NRS 454.301 to dispense drugs to his own
patients who permits the dispensing or furnishing of any dangerous drug in
violation thereof is guilty of a misdemeanor.

2.] Any person
who dispenses or furnishes or permits the dispensing or
furnishing of any dangerous drug in violation of NRS 454.301 is guilty
of a gross misdemeanor.

Sec. 34. NRS 454.540 is
hereby amended to read as follows:

454.540 1. The board shall
issue licenses to the following applicants who have filed application therefor
on a form furnished by the board:

(a) Manufacturers whose products have been
submitted for examination and approved by the board for distribution in this
state.

(b) Wholesalers who distribute approved
prophylactic products for resale in this state.

[(c) Persons who
as distributors supply vending machines which are intended to vend such
products to the public.]

2. The license is valid for not more than
2 years and expires on the second June 30 after it is issued. Application for
renewal must be made [prior to]before that date.

3. An expired license may be renewed
only:

(a) Upon the payment
of a penalty fixed by the board which must not exceed the renewal fee; or

(b) Without penalty, upon showing that the
applicant did not engage in business as such a manufacturer after the date of
expiration.

Sec. 35. NRS 454.580 is
hereby amended to read as follows:

454.580 No prophylactic sheath may be
offered for sale or distributed:

1. By a manufacturer, wholesaler or distributor,
if the date of manufacture indicates that the prophylactic was manufactured
more than 1 year [prior to such]before the sale or distribution; or

2. At retail, [or
stocked in any automatic vending device accessible to the public,]
if the date of manufacture indicates that the prophylactic was manufactured
more than 3 years [prior to such]before the sale or stocking.

Sec. 36. NRS 454.650 is
hereby amended to read as follows:

454.650 It is unlawful for any person to [vend,] sell, give away or furnish,
directly or indirectly, any prophylactic, except those which have been examined
and approved by the board as complying with the standards set forth in NRS
454.560 to 454.600, inclusive, and distributed by a manufacturer who has been
licensed by the board.

Sec. 37. NRS 454.660 is
hereby amended to read as follows:

454.660 Any person found to be in
possession of any [vending machine or automating
vending device, accessible to the public, containing prophylactic products, or
any person found to be in possession of any] prophylactic product
held for the purpose of resale, who, when requested by an
authorized officer of the law, fails, neglects or refuses to supply information
or who furnishes false information as to the [ownership of such vending device
or the] name of the person who supplied the [prophylactics contained therein,
or the] prophylactic products found in his possession, is guilty of a
misdemeanor.

requested by an authorized officer of the law, fails,
neglects or refuses to supply information or who furnishes false information as
to the [ownership of such vending device or the]
name of the person who supplied the [prophylactics
contained therein, or the] prophylactic products found in his
possession, is guilty of a misdemeanor.

Sec. 39. Section 32 of this
act becomes effective at 12:01 a.m. on July 1, 1985.

________

CHAPTER 293, SB 91

Senate Bill No.
91Committee on Human Resources and Facilities

CHAPTER 293

AN ACT relating to blind persons;
prohibiting the selling of certain commodities, in or around public buildings,
except by blind persons; providing a penalty; and providing other matters
properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 426 of
NRS is hereby amended by adding thereto a new section to read as follows:

Any person who sells, solicits
orders for or delivers, in any public building or on any public land, any
commodity which a blind vendor is authorized by the bureau to sell is guilty of
a misdemeanor except:

1. A person
licensed by or under contract to the bureau;

2. A person who
delivers a commodity to a blind vendor or for his account;

3. A person who is
raising money for the charitable activities of a corporation organized for
educational, religious, scientific, charitable or eleemosynary purposes under
the provisions of chapter 81 of NRS; or

4. Public
employees jointly sharing in the cost of coffee or other beverages purchased by
them for their own use, if there is no commercial arrangement for the delivery
of products and supplies to the building or land.

________

κ1985
Statutes of Nevada, Page 891κ

CHAPTER 294, AB 216

Assembly Bill No.
216Assemblymen McGaughey and Malone

CHAPTER 294

AN ACT relating to highways; authorizing
the department of transportation to designate locations for the erection of
signs and centers that provide information to members of the traveling public;
authorizing the department to establish a free telephone system for motorists
to make reservations at hotels, motels and campgrounds; making an
appropriation; and providing other matters properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 408 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 9, inclusive, of this act.

Sec. 2. Director means the director of the department of
transportation.

Sec. 3. As used in sections 3 to 9, inclusive, of this act, center
means a facility to provide information to members of the traveling public,
concerning accommodations, food, fuel and recreation, through an attendant or
some means of communication.

Sec. 4. The director may designate appropriate locations for the
construction of centers and the erection and maintenance of directional and
informational signs within the right of way. The signs or centers may be
erected or constructed and maintained by:

1. The department;
or

2. A city, county
or other governmental agency or private person, under contract with the
department.

Sec. 5. 1. The director shall adopt regulations:

(a) Governing the size,
shape, lighting and other characteristics of a sign to be erected in such a
location;

(b) Permitting the use of
trade-marks and symbols identifying an individual enterprise on a sign erected
in such a location;

(c) Fixing the
qualifications of a person or governmental agency to operate a center and of an
enterprise to be indentified on a directional or informational sign;

(d) Fixing reasonable
fees for providing information about accommodations and commercial services, to
recover the actual administrative cost incurred by the department; or

(e) Otherwise necessary
to carry out the provisions of sections 3 to 9, inclusive, of this act.

2. The regulations
adopted by the director pursuant to subsection 1 must be consistent with the
provisions of 23 U.S.C. § 131.

Sec. 6. The department shall develop a plan, in cooperation with the commission
on tourism, to carry out the provisions of sections 3 to 9, inclusive, of this
act. The plan must take into consideration such factors as:

2. Availability of
money for the purposes of sections 3 to 9, inclusive, of this act.

3. Population in a
particular area.

4. Proposed
highway construction.

5. Need for information.

The department and the commission
shall review the plan at least once each year and revise it until the
provisions of sections 3 to 9, inclusive, of this act, have been uniformly put
into effect throughout the state.

Sec. 7. 1. The department may establish at centers a
toll-free telephone system for members of the traveling public to make
reservations at hotels, motels, campgrounds and other places of public
accommodation. The cost of this system, reduced pursuant to subsection 2 if
applicable, must be apportioned among the hotels, motels, campgrounds and other
businesses that participate in the system.

2. If the
department uses the telephone system established pursuant to subsection 1 as a
method for members of the public to report fires, accidents or other
emergencies or to receive information concerning the conditions for driving on
certain highways, the department shall pay a proportionate share of the cost of
the system.

Sec. 8. The department may contract or enter into other agreements with
governmental agencies in this state or an adjoining state or with private
persons to study various systems of providing information to the traveling
public and to construct signs which provide that information.

Sec. 9. 1. Money received by the department from:

(a) Fees for providing
information;

(b) Participants in a
telephone system established to reserve accommodations for travelers; and

(c) Appropriations made
by the legislature for the purposes of sections 3 to 9, inclusive, of this act,

must be deposited with the state
treasurer for credit to the account for systems of providing information to the
traveling public in the state highway fund, which is hereby created.

2. Money in the
account must only be used to carry out the provisions of sections 3 to 9,
inclusive, of this act.

Sec. 10. NRS 408.020 is
hereby amended to read as follows:

408.020 As used in this chapter the words
and terms defined in NRS 408.035 to 408.095, inclusive, and
section 2 of this act, unless the context otherwise requires, have the
meanings ascribed to them in those sections.

Sec. 11. 1. There
is hereby appropriated from the state general fund to the department of
transportation the sum of $50,000 for the design and erection or construction
of signs and centers as provided by sections 3 to 9, inclusive, of this act.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1987, and reverts to the state general fund as
soon as all payments of money committed have been made.

to the state general fund as soon as all payments of money
committed have been made.

________

CHAPTER 295, AB 194

Assembly Bill No.
194Committee on Taxation

CHAPTER 295

AN ACT relating to taxation; making
various changes regarding the assessment and taxation of property; altering the
use of factors between reappraisals; requiring that certain maps of land
contain information on the measurement of areas; and providing other matters
properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 361.221 is
hereby amended to read as follows:

361.221 1. A person shall
not perform the duties of an appraiser for purposes of the taxation of property
as an employee of or as an independent contractor for the state or any of its
political subdivisions unless he holds a valid appraisers certificate issued
by the department.

2. There is established an appraiser
certification board consisting of six members, three of whom must be chosen by
majority vote of the several county assessors from persons who hold a valid
appraisers certificate issued by the department and three of whom must be
appointed by the Nevada tax commission. This board shall:

(a) Advise the department on any matter
pertaining to the certification and continuing education of appraisers who are
subject to the provisions of this section; and

(b) Perform such other duties as are provided by
law.

3. Each member of
the board is entitled to the per diem allowance and travel expenses provided
for state officers and employees while attending meetings of the board.

4. The
department may contract for the development and administration of the
appropriate examinations. Except as provided in this subsection, an appraisers
certificate must be issued to an applicant only if he has passed the appropriate
examination. The department may charge each examinee a reasonable examination
fee to recover the cost of the examination. An applicant who has a professional
designation or certification recognized by the board may, with the approval of
the board, be issued an appraisers certificate without examination.

Sec. 2. NRS 361.260 is
hereby amended to read as follows:

361.260 1. Each year, the
county assessor, except as otherwise required by a particular statute, shall
ascertain by diligent inquiry and examination all real and secured personal
property in his county as of July 1 which is subject to taxation, and also the
names of all persons, corporations, associations, companies or firms owning the
property. He shall then determine the taxable value of all such property and he
shall then list and assess it to the person, firm,
corporation, association or company owning it.

then list and assess it to the person, firm, corporation,
association or company owning it. He shall take the same action between May 1
and the following April 30, with respect to personal property which is to be
placed on the unsecured tax roll. Any real property whose existence is
ascertained after July 1 in each assessment year must be placed on the
unsecured tax roll.

2. In arriving at the taxable value of
all public utilities of an intracounty nature, the intangible or franchise
element must be considered as an addition to the physical value and a portion
of the taxable value.

3. In addition to the inquiry and
examination required in subsection 1, for any property not physically
reappraised in the current assessment year, the county assessor shall determine
its assessed value for that year by applying a factor
for improvements, if any, and a factor for land to the assessed value [of]for the
preceding year . [factors
which]The factor for improvements must reasonably
represent the change, if any, in the taxable value of [the
property or of similar property]typical
improvements in the area since the preceding year, and [by taking]must
take into account all applicable depreciation and obsolescence. The
factor for improvements must be adopted by the Nevada tax commission. The
factor for land must be developed by the county assessor and approved by the
commission. [These factors]The factor for land must be so chosen that the median radio of the assessed value of the land to the taxable value of [each individual property]the land in each area subject to the factor is not less
than 30 percent nor more than 35 percent.

4. The county assessor shall physically
reappraise all property at least once every 5 years.

Sec. 3. NRS 361.295 is
hereby amended to read as follows:

361.295 [1.]
When real property is assessed by the county assessors of two counties on
territory claimed by both, the [owner of the real
estate assessed is authorized to pay the taxes in either county that he may
select.

2. In case of suit
being brought for the nonpayment of the taxes in the county in which the suit
may be brought, the production of a tax receipt for the current year on the
property, signed by the proper officer, although in an adjoining county
claiming jurisdiction, of a date prior to the commencement of the action, shall
entitle the taxpayer to a dismissal of the suit, free of cost.]department of taxation shall examine the property and
determine the county to which the taxes must be paid.

Sec. 4. NRS 361.360 is hereby
amended to read as follows:

361.360 1. Any taxpayer
aggrieved at the action of the county board of equalization in equalizing, or
failing to equalize, the value of his property, or property of others, or a
county assessor, may file an appeal with the state board of equalization no
later than the 4th Monday of February and present to the state board of
equalization the matters complained of at one of its sessions.

2. All such appeals must be presented
upon the same facts and evidence as were submitted to the county board of
equalization in the first instance, unless there is discovered new evidence
pertaining to the matter which could not, by due diligence, have been
discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the state
board of equalization and served upon the county assessor not less than 7 days
before the hearing.

3. Any taxpayer whose real or personal
property placed on the unsecured tax roll was assessed after December 15 but
before or on the following April 30 may likewise protest to the state board of
equalization, which shall meet before May 31 to hear these protests. Every such
appeal must be filed on or before May 15.

4. If the state board of equalization
determines that the record of a case on appeal from the county board of
equalization is inadequate because of an act or omission of the county
assessor, the district attorney or the county board of equalization, the state
board of equalization may remand the case to the county board of equalization
with directions to develop an adequate record within 30 days after the remand.
The directions must indicate specifically the inadequacies to be remedied. If
the state board of equalization determines that the record returned from the
county board of equalization after remand is still inadequate, the state board
of equalization may hold a hearing anew on the appellants complaint or it may,
if necessary, contract with an appropriate person to hear the matter, develop
an adequate record in the case and submit recommendations to the state board.
The cost of the contract and all costs, including attorneys fees, to the state
or the appellant necessary to remedy the inadequate record on appeal are a
charge against the county.

Sec. 5. NRS 361.510 is
hereby amended to read as follows:

361.510 [The]

1. Except as
otherwise provided in subsection 2, before June 1 of each year, the board
of county commissioners of each county shall prepare suitable blank receipts that are sequentially numbered to be issued by the
respective county assessors on the payment to them in
cash of the taxes on movable personal property. [Such]The blank tax receipts [shall]must be countersigned by the county auditor [.]and delivered
to the county assessor who shall give his receipt to the board for the quantity
delivered.

2. The provisions
of this section do not apply in a county which provides receipts for such
payments in cash which are produced by a computer.

Sec. 6. NRS 361.5643 is
hereby amended to read as follows:

361.5643 1. Except as
provided in subsection 2, upon compliance by the purchaser or repossessor of a
slide-in camper or the purchaser or repossessor of a mobile home with the
provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:

(a) Deliver forthwith to the purchaser or
repossessor of a mobile home, as well as annually
thereafter upon payment of the tax, a sticker which must be of a design and
affixed in such manner as is prescribed by the department .

home, as well as annually thereafter upon payment of the
tax, a sticker which must be of a design and affixed in such manner as is
prescribed by the department . [;]

(b) Deliver forthwith to the purchaser or
repossessor of a slide-in camper, as well as annually thereafter upon payment
of the tax, a tax plate or a sticker which must be of a design and affixed in
such manner as is prescribed by the department.

2. Upon payment of a quarterly
installment, the county assessor shall issue the appropriate decal.

[3. The
county assessor shall issue each year to the owner of a camper-shell not
subject to taxation under the provisions of this chapter a tax plate or sticker
similar to that provided in paragraph (b) of subsection 1, which the owner
shall affix to the camper-shell in the manner prescribed by the department.]

Sec. 7. NRS 117.025 is
hereby amended to read as follows:

117.025 1. All [condominium] maps or plans [filed]of a
project recorded under the provisions of this chapter [shall be made]must
be drawn upon vellum, tracing cloth or any other material of a permanent
nature generally used for such purpose in the engineering profession . [, and shall be of
uniform size,]The size of each sheet must
be 24 by 32 inches, with a [borderline]marginal line drawn 2 inches from the left edge
in order to leave room for binding. [No]A map or plan [shall]drawn upon ordinary paper or blueprint must not be
accepted for [filing made upon ordinary paper or
blueprint.

2. For filing each
condominium map or plan the]recordation.

2. The map of the
project must indicate the area of each unit in square feet and the area of the
common area surrounding the units in acres, calculated to the nearest
one-hundredth of an acre.

3. The county
recorder shall collect a fee of $25, plus 25 cents per lot or unit mapped, for
the recordation [or filing] of any
final map. The fee [shall]must be deposited in the general fund of the county
where it is collected.

Sec. 8. NRS 278.372 is
hereby amended to read as follows:

278.372 1. The final map [shall]must be
clearly and legibly drawn in black waterproof india ink upon good tracing cloth
or produced by the use of other materials of a permanent nature generally used
for such purpose in the engineering profession, but affidavits, certificates
and acknowledgments [shall]must be legibly stamped or printed upon the map with
opaque ink.

2. The size of each sheet of the map [shall]must be
24 by 32 inches. A marginal line [shall]must be drawn completely around each sheet,
leaving an entirely blank margin of 1 inch at the top, bottom, and right edges,
and of 2 inches at the left edge along the 24-inch dimension.

3. The scale of the map [shall]must be
large enough to show all details clearly . [and enough sheets shall be used]The map must have a sufficient number of sheets to
accomplish this end.

4. [The]Each sheet of the map must indicate its particular
number , [of the sheet and] the total number of sheets
[comprising] in the map [shall be stated on each of the sheets,] and its
relation to each adjoining sheet .

, [of
the sheet and] the total number of sheets [comprising]in the map [shall
be stated on each of the sheets,] and its relation to each
adjoining sheet . [shall
be clearly shown.]

5. The final map [shall]must show all [survey]surveyed and mathematical information and data
necessary to locate all monuments [,]
and to locate and retrace [any and]
all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central
angle , [and]
radii and arc length for all curves [,]
and such information as may be necessary to determine the location of the
centers of curves.

6. Each lot [shall]must be numbered in sequence.

7. Each street [shall]must be named [.

8. Each block
shall]and each block must be
numbered or lettered.

[9.]8. The exterior boundary of the land
included within the subdivision [shall]must be indicated by graphic border.

[10.]9. The map [shall]must show the definite location of the
subdivision, [and] particularly its
relation to surrounding surveys.

10. The final map
must show the area of each lot and the total area of the land in the
subdivision in the following manner:

(a) In acres, calculated
to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(b) In square feet if the
area is less than 2 acres.

11. The final map [shall]must also satisfy any additional survey and map
requirements of the local ordinance.

Sec. 9. NRS 278.466 is
hereby amended to read as follows:

278.466 1. The parcel map [shall]must be
legibly drawn in black waterproof india ink on tracing cloth or produced by the
use of other materials of a permanent nature generally used for such purpose in
the engineering profession. The size of each sheet [shall]must be 24 by 32 inches. A marginal line [shall]must be
drawn completely around each sheet, leaving an entirely blank margin of 1 inch
at the top, bottom and right edges, and of 2 inches at the left edge along the
24-inch dimension.

2. A parcel map [shall]must indicate the owner of any adjoining land, or
any right of way if owned by the person dividing
the land.

3. A parcel map
must show the area of each parcel or lot and the total area of the land to be
divided in the following manner:

(a) In acres, calculated
to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(g) [Signature]The signature of the owner or owners of the land
to be divided.

(h) Any easements granted or dedications made.

(i) Any other data necessary for the intelligent
interpretation of the various items and locations of the points, lines and area
shown.

[4.]5. If a survey is not required, the parcel
map [shall]must
show:

(a) By appropriate reference to the existing
information on which it is based, the tract to be divided and the resulting
lots;

(b) The means of access to the several lots;

(c) The signature of the owner or owners of the
land to be divided;

(d) Any easements granted or dedications made;
and

(e) Any other data necessary for an intelligent interpretation of the division and the access.

[5.]6. If a survey is not required for the
preparation of a parcel map, the map [shall]must be prepared by a registered land surveyor,
but his certificate upon the map may include substantially the following:

This map was prepared from
existing information (identifying it and stating where filed or recorded), and
the undersigned assumes no responsibility for the existence of monuments or
correctness of other information shown on or copied from any such prior
document.

[6.]7. If the requirement for a parcel map is
waived, the governing body may specify by local ordinance the type and extent
of information or mapping necessary for the land division.

[7.]8. Reference to the parcel number and
recording data of a recorded parcel map is a complete legal description of the
land contained in such parcel.

Sec. 10. NRS 482.545 is
hereby amended to read as follows:

482.545 It is unlawful for any person to
commit any of the following acts:

1. To operate, or for the owner thereof
knowingly to permit the operation of, upon a highway any motor vehicle, trailer
or semitrailer which is not registered or which does not have attached thereto
and displayed thereon the number of plate or plates assigned thereto by the
department for the current period of registration or calendar year, subject to
the exemption allowed in NRS 482.320 to 482.363, inclusive, 482.385 to 482.396,
inclusive, and 482.420.

2. To move upon a highway any slide-in
camper [or camper-shell] that does
not have affixed on it the tax plate or sticker provided in NRS 361.5643, when
the movement is by a vehicle not subject to the exemption allowed in NRS
482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420.

3. To display, cause or permit to be
displayed or to have in possession any certificate of registration, license
plate, certificate of ownership or other document of title knowing it to be
fictitious or to have been canceled, revoked, suspended or altered.

4. To lend to or knowingly permit the use
of by one not entitled thereto any registration card or plate issued to the
person so lending or permitting the use thereof.

5. To fail or to refuse to surrender to
the department, upon demand, any registration card or plate which has been
suspended, canceled or revoked as provided in this chapter.

6. To use a false or fictitious name or
address in any application for the registration of any vehicle or for any
renewal or duplicate thereof, or knowingly to make a false statement or
knowingly to conceal a material fact or otherwise commit a fraud in any such
application. A violation of this subsection is a gross misdemeanor.

7. Knowingly to operate a vehicle which
has an altered vehicle identification number, serial number, motor number,
other distinguishing number or identification mark required for registration.

Sec. 11. NRS 625.350 is
hereby amended to read as follows:

625.350 1. A record of
survey [shall]must be a map legibly drawn in waterproof ink on
tracing cloth or produced by the use of other materials of a permanent nature
general used for such purpose in the engineering profession . [, the size to]The size of each sheet must be 24 inches by 32
inches.

AN ACT relating to fire; exempting small
auditoriums from certain regulations on fire; and providing other matters
properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 477.160 is
hereby amended to read as follows:

477.160 1. The owner or
operator of every building or portion of a building used for public assembly:

(a) Which has a room or rooms which have a total
floor area of more than 5,000 square feet and which are used for public
assembly, within a building with a total floor area of 12,000 square feet or
more, shall install automatic sprinklers for protection from fire as required
by regulation of the state fire marshal, except in those areas where the
authority waives this requirement. The authority may waive this requirement for
any space which is separated from this area by construction whose resistance to
fire has been approved by the authority.

(b) Which is certified for occupancy by more
than 300 persons shall:

(1) Use interior finishes in the areas
used for public assembly which comply with chapter 42 of the 1979 edition of
the Uniform Building Code as it relates to retarding the spread of fire;

(2) Install automatic sprinklers in the
areas used for public assembly for protection from fire as required by
regulations adopted by the state fire marshal; or

(3) Apply a flame-retarding solution
which has been approved by the authority and will produce an interior finish
equal to that required by subparagraph (1).

2. For the purposes of this section, a
building or a portion of a building is used for public assembly if 50 or more
persons assemble there for any purpose other than in the normal course of their
employment.

3. The provisions of this section do not
apply to:

(a) Churches and buildings associated with them;

(b) Meeting halls of fraternal organizations;

(c) Gymnasiums which belong to schools or other
nonprofit organizations; and

(d) Any other area which:

(1) Is at ground level;

(2) Has no public area more than 100 feet
from an outside exit;

(3) Limits occupancy to 50 persons per
1,000 square feet [;]or, in the case of an auditorium,
has permanent seating capacity for less than 1,000 persons;

the case of an auditorium, has
permanent seating capacity for less than 1,000 persons;

(4) Is not more than two stories in
height; and

(5) Contains no areas regularly used for
sleeping or living,

if the area complies with the requirements set by the
authority for interior finishes in all areas and for smoke-detectors and
domestic fire sprinklers in hazardous areas.

________

CHAPTER 297, AB 370

Assembly Bill No.
370Committee on Health and Welfare

CHAPTER 297

AN ACT relating to food and drink establishments;
exempting certain wholesale dealers of alcoholic beverages from regulation as
such an establishment; and providing other matters properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 446.020 is
hereby amended to read as follows:

446.020 1. [Food]Except as
limited by subsection 2, food establishment means any place,
structure, premises, vehicle or vessel, or any part thereof, in which any food
intended for ultimate human consumption is manufactured or prepared by any
manner or means whatever, or in which any food is sold, offered or displayed
for sale [,] or served.

2. The [definition]term does not include:

(a) Private homes ; [.]

(b) Fraternal or social clubhouses [attendance] at which attendance is limited to [club
members.]members of the club;

licensed under chapter 369 of NRS who
handles only those beverages which are in sealed containers.

________

CHAPTER 298, AB 624

Assembly Bill No.
624Committee on Ways and Means

CHAPTER 298

AN ACT making an appropriation to the
commission on economic development to attract the construction of an atomic
particle accelerator in Nevada; and providing other matters properly relating
thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the commission on economic
development the sum of $250,000 for its project to attract the construction of
an atomic particle accelerator in Nevada.

Sec. 2. The commission on
economic development shall coordinate and assemble a single application for the
state which may include one or more proposed locations for an atomic particle
accelerator in Nevada.

Sec. 3. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT relating to hazardous waste;
requiring a manifest for its transportation; allowing the use of certain money
for cleaning certain sites of contamination; requiring reimbursement of the
money; reinforcing local regulation of certain activities; reducing the
requirement of confidentiality; providing penalties; and providing other matters
properly relating thereto.

[Approved May 27, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 444 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

1. Without a
manifest that complies with regulations adopted by the commission;

2. That does not
conform to the description of the waste specified in the manifest;

3. In a manner
that does not conform to the manner of shipment described in the manifest; or

4. To a facility
that has not been issued a permit to treat, store or dispose of the hazardous
waste described in the manifest.

Sec. 3. 1. Except as otherwise provided in subsection 2,
the money in the fund for the management of hazardous waste may be expended
only to pay the costs of the continuing observation or other management of
hazardous waste.

2. If the person
responsible for spilling hazardous waste does not act promptly and
appropriately to clean and decontaminate the affected area properly, and if his
inaction presents an imminent and substantial hazard to human health, public
safety or the environment, money from the fund may be expended to pay the costs
of:

(a) Responding to a spill
of or an accident involving hazardous waste;

(b) Coordinating the
efforts of state, local and federal agencies responding to a spill of or an
accident involving hazardous waste;

(c) Managing the cleaning
and decontamination of an area for the disposal of hazardous waste or the site
of a spill or an accident involving hazardous waste; or

(d) Removing or
contracting for the removal of hazardous waste which presents an imminent
danger to human health, public safety or the environment.

3. The director
shall demand reimbursement of the fund for money expended pursuant to
subsection 2 from any person who is responsible for the accident or spill, or
who owns or controls the hazardous waste or the area used for the disposal of
the waste. Payment of the reimbursement is due within 20 days after the person
receives notice from the director of the amount due. The director shall impose
an administrative penalty of not more than 5 percent of the amount of the
reimbursement for each day the amount remains unpaid after the date the payment
for reimbursement is due.

4. At the request
of the director, the attorney general shall seek recovery by legal action of
the amount of any unpaid reimbursement and penalty.

2. If the local
government within whose territory a facility for the treatment, storage or
disposal of hazardous waste is to be located requires that a special use permit
or other authorization be obtained for such a facility or activity, the
application to the department for a permit to
operate such a facility must show that local authorization has been obtained.

to operate such a facility must show
that local authorization has been obtained.

3. Permits
may contain terms and conditions which the department considers necessary and
which conform to the provisions of regulations adopted by the commission.

[3.]4. Permits may be issued for any period
not more than 5 years.

[4.]5. The department may suspend or revoke a
permit pursuant to the commissions regulations if the holder of the permit
fails or refuses to comply with the terms of the permit or a regulation of the
commission relating to hazardous waste.

Sec. 5. NRS 444.752 is
hereby amended to read as follows:

444.752 All proceeds from agreements entered
into pursuant to NRS 444.742, all reimbursements and
penalties recovered pursuant to section 3 of this act and all fees
collected, all civil penalties imposed and all interest accrued pursuant to NRS
444.700 to 444.778, inclusive, must be deposited with the state treasurer for
credit to the fund for the management of hazardous waste, which is hereby
created as a special revenue fund. The money in the fund [may be expended only to pay for the costs of
monitoring or other management of hazardous waste, and] must be
paid as other claims against the state are paid.

Sec. 6. NRS 444.762 is
hereby amended to read as follows:

444.762 1. Except as
otherwise provided in this section, information which the department obtains in
the course of the performance of its duties relating to hazardous waste is
public information.

2. Any information which specifically
relates to [:

(a) The]the trade secrets [,]of any person, including any processes,
operations, style of work or apparatus , [of any person; or

(b) The identity,
confidential statistical information, amount or source of any income, profits,
losses or expenditures of any particular person,] is confidential
whenever it is established to the satisfaction of the director that the
information is entitled to protection as a trade secret. In determining whether
the information is entitled to [such]
protection, the director shall consider, among other things, whether the
disclosure of that information would tend to affect adversely the competitive
position of the informations owner.

3. Any information which is confidential
under subsection 2 may be disclosed to any officer, employee or authorized
representative of this state or the United States if:

(a) He is engaged in carrying out the provisions
of NRS 444.700 to 444.778, inclusive [; or], or the provisions of federal law relating to hazardous
waste; or

(b) The information is relevant in any judicial
proceeding or adversary administrative proceeding under NRS 444.700 to 444.778,
inclusive, or under the provisions of federal law
relating to hazardous waste, and is admissible under the rules of
evidence.

1. Knowingly makes any false statement,
representation or certification on any application, record, report, manifest, plan or other document filed or required to
be maintained by any provision of NRS 444.700 to 444.764, inclusive, section 2 of this act or by any regulation adopted or
permit or order issued pursuant to those sections; or

2. Falsifies, tampers with or knowingly
renders inaccurate any [monitoring]
device or method for continuing observation required
by a provision of NRS 444.700 to 444.764, inclusive, or by any regulation
adopted or permit or order issued pursuant to those sections,

shall be punished by imprisonment in the county jail for not
more than 1 year, or by a fine of not more than $10,000, or by both fine and
imprisonment. Each day the false document remains
uncorrected or a device or method described in subsection 2 remains inaccurate
constitutes a separate violation of this section for purposes of determining
the maximum fine.

Sec. 8. NRS 444.778 is
hereby amended to read as follows:

444.778 Any person who, intentionally or
with criminal negligence, violates section 2 of this
act, subsection 1 of NRS 444.746, any term or condition of a permit
issued pursuant to NRS 444.748 or an order issued by the department relating to
hazardous waste:

1. For the first violation, shall be
punished by imprisonment in the county jail for not more than 1 year, or by a
fine of not more than $25,000 for each day of the violation, or by both fine
and imprisonment.

2. For a second or subsequent violation,
shall be punished by imprisonment in the state prison for not less than 1 year
or more than 6 years, or by a fine of not more than $50,000 for each day of the
violation, or by both fine and imprisonment.

Sec. 9. NRS 444.754 is
hereby repealed.

________

CHAPTER 300, SB 324

Senate Bill No.
324Committee on Human Resources and Facilities

CHAPTER 300

AN ACT relating to medical care; requiring
institutions and practitioners to render bills in understandable language;
including certain costs in the information provided to a patient to obtain his
informed consent; and providing other matters properly relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 449.243 is
hereby amended to read as follows:

449.243 Every hospital licensed pursuant
to the provisions of NRS 449.001 to 449.240, inclusive:

1. May, except as provided in subsection
2, utilize the Uniform Billing and Claims Forms established by the American
Hospital Association.

2. Shall, on its billings to patients,
itemize , on a daily basis, all charges for
services, equipment, supplies and medicines and describe those charges with
specificity and in language that is understandable to an ordinary lay person.
This itemized billing must be timely provided after the patient is discharged at no additional cost . [and the]The hospital shall answer any questions regarding
the bill.

3. Shall prepare a
summary of charges for common services for patients admitted to the hospital
and make it available to the public.

Sec. 2. NRS 449.710 is
hereby amended to read as follows:

449.710 Every patient of a health and
care facility has the right to:

1. Receive information concerning any
other health and care or educational facility associated with the facility at
which he is a patient which relates to his care.

2. Obtain information concerning the
professional qualifications or associations of the persons who are treating
him.

3. Receive the name of the person
responsible for coordinating his care in the facility.

4. Be advised if the facility in which he
is a patient proposes to perform experiments on patients which affect his own
care or treatment.

5. Receive from his physician a complete
and current description of his diagnosis, plan for treatment and prognosis in
terms which he is able to understand. If it is not medically advisable to give
this information to the patient, the physician shall:

(a) Provide the information to an appropriate
person responsible for the patient; and

(b) Inform that person that he shall not
disclose the information to the patient.

6. Receive from his physician the
information necessary for him to give his informed consent to a procedure or
treatment. Except in an emergency, this information must not be limited to a
specific procedure or treatment and must include:

(a) A description of the significant medical
risks involved;

(b) Any information on alternatives to the
treatment or procedure if he requests that information; [and]

(c) The name of the person responsible for the
procedure or treatment [.]; and

(d) The costs likely to
be incurred for the treatment or procedure and any alternative treatment or
procedure.

7. Examine the bill for his care and
receive an explanation of the bill, whether or not he is personally responsible
for payment of the bill.

8. Know the facilitys regulations
concerning his conduct at the facility.

Sec. 3. Chapter 629 of NRS
is hereby amended by adding thereto a new section to read as follows:

Each provider of health care
shall, on his bill to a patient, itemize all charges for services, equipment,
supplies and medicines provided for the patient in terms which the patient is
able to understand. The bill must be timely provided after the charge is
incurred at no additional cost to the patient.

________

CHAPTER 301, AB 340

Assembly Bill No.
340Committee on Judiciary

CHAPTER 301

AN ACT relating to criminal procedure;
reallocating the administrative assessment imposed on a person guilty of a
misdemeanor; requiring certain courts to use amounts allocated to them to
improve the operation of the court; and providing other matters properly
relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 176.059 is
hereby amended to read as follows:

176.059 1. When a defendant
pleads or is found guilty of a misdemeanor, including the violation of any
municipal ordinance, except one regulating metered parking, the justice or
judge shall include in the sentence the sum of $10 as an administrative
assessment and render a judgment against the defendant for the assessment.

2. The money collected for an
administrative assessment must not be deducted from the fine imposed by the
justice or judge but must be taxed against the defendant in addition to the
fine. The money collected for an administrative assessment must be stated
separately on the courts docket and must be included in the amount posted for
bail. If the defendant is found not guilty or the charges are dropped, the
money deposited with the court must be returned to the defendant.

3. The money collected for administrative
assessments in municipal court must be paid by the clerk of the court to the
city treasurer on or before the 5th day of each month for the preceding month.
The city treasurer shall distribute, on or before the 15th day of that month,
the money received in the following amounts for each $10 received:

(a) [Six]Seven dollars to the state treasurer for credit
to a special account in the state general fund.

(b) One dollar to the county treasurer for
credit to a special account in the county general fund for the use of the
countys juvenile court or for services to juvenile offenders.

(c) [Three]Two dollars for credit to a special account in
the municipal general fund for the use of the municipal courts.

4. The money collected for administrative
assessments in justices courts must be paid by the clerk of the court to the
county treasurer on or before the 5th day of each month for the preceding
month. The county treasurer shall distribute, on or
before the 15th day of that month, the money received in the following amounts
for each $10 received:

county treasurer shall distribute, on or before the 15th day
of that month, the money received in the following amounts for each $10
received:

(a) [Six]Seven dollars to the state treasurer for credit
to a special account in the state general fund.

(b) One dollar for credit to a special account
in the county general fund for the use of the countys juvenile court or for
services for juvenile offenders.

(c) [Three]Two dollars for credit to a special account in
the county general fund for the use of the justices courts.

5. The money
apportioned to a juvenile court or a municipal court pursuant to this section
must be used, in addition to providing services to juvenile offenders in the
juvenile court, to improve the operation of the court and to acquire a computer
or the use of one.

Sec. 2. NRS 176.061 is
hereby amended to read as follows:

176.061 The state controller shall
distribute the money received to the following public agencies in the following
amounts for each [$6]$7 received, up to the amount authorized by the
legislature:

1. [Five]Six dollars to the office of the court
administrator for allocation as follows:

(a) [Two dollars]One dollar for the administration of the courts.

(b) [Two dollars]One dollar for the development of a uniform
system for judicial records.

(c) One dollar for continuing judicial
education.

(d) Three dollars for the
supreme court.

2. One dollar for the peace officers
standards and training committee of the department of motor vehicles to be used
for the continuing education of persons whose primary duty is law enforcement.
Any amounts received in excess of the amounts authorized for expenditure must
be deposited to the credit of the state general fund.

AN ACT relating to motor vehicles;
requiring the department of motor vehicles to review the eligibility of persons
holding special plates or special parking permits for the physically
handicapped; and providing other matters properly relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.384 is
hereby amended to read as follows:

482.384 1. The department
may issue special plates to any person who owns a motor vehicle, other than a
commercial vehicle, and has a permanent physical handicap
which impairs his mobility when not in a motor vehicle.

permanent physical handicap which impairs his mobility when
not in a motor vehicle.

2. The department may issue a special
parking permit to any person who:

(a) Owns or does not own a motor vehicle;

(b) Has a permanent physical handicap which
impairs his driving ability and impairs his mobility when not in a motor
vehicle; and

(c) Has need to be driven by another person to a
destination in a motor vehicle,

or to any organization which provides transportation for
such a person.

3. The department may make such
regulations as are necessary to ascertain eligibility for such special parking
permits and special plates.

4. Applications for special parking
permits or special plates for physically handicapped persons must be made to
the department on forms provided by the department which must require
information necessary to determine the applicants eligibility for a permit or
special plates for physically handicapped persons and must be accompanied by a
certificate from a licensed physician describing the character and extent of
the applicants disability or the general nature of the disabilities of any
persons for whom an organization will provide transportation.

5. Physically handicapped persons shall
pay the regular motor vehicle registration fee as prescribed by this chapter.
No additional fee may be charged for special parking permits or special plates.

6. Except as provided in this subsection,
only one special parking permit or one set of special plates for physically
handicapped persons may be issued to any eligible applicant in any one
registration period. An organization which will provide transportation for others
may obtain one permit for each person so engaged or vehicle to be used.

7. Each set of special plates for
physically handicapped persons issued pursuant to this section expires at the
end of the last registration month of the registration period for which it was
issued.

8. Permits or special plates issued
pursuant to this section do not authorize parking in any area on a highway
where parking is prohibited by law.

9. Special plates issued pursuant to this
section must be of a design determined by the department.

10. No person, other than the physically
handicapped person or a person actually transporting the physically handicapped
person, may use the special parking permit or special plates issued to [such]the handicapped
person for the purpose of obtaining the special parking privileges available
under this section.

11. Any person who violates the
provisions of subsection 10 is guilty of a misdemeanor.

12. The department
shall review the eligibility of each holder of a special parking permit or
special plates at least once every 2 years.

AN ACT relating to taxes on retail sales;
providing for the submission to the voters of the question whether the Sales
and Use Tax Act of 1955 should be amended to require a contractor to pay tax on
the full value of materials he fabricates for use under the contract; amending
certain analogous taxes; and providing other matters properly relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. At the general
election on November 4, 1986, a proposal must be submitted to the registered
voters of this state to amend the Sales and Use Tax Act, which was enacted by
the 47th session of the legislature of the State of Nevada and approved by the
governor in 1955, and subsequently approved by the people of this state at the
general election held on November 6, 1956.

Sec. 2. At the time and in
the manner provided by law, the secretary of state shall transmit the proposed
act to the several county clerks, and the county clerks shall cause it to be
published and posted as provided by law.

Sec. 3. The proclamation and
notice to the voters given by the county clerks pursuant to law must be in
substantially the following form:

Notice is hereby given that
at the general election on November 4, 1986, a question will appear on the
ballot for the adoption or rejection by the registered voters of the state of
the following proposed act:

AN ACT to
amend an act entitled An Act to provide revenue for the State of Nevada;
providing for sales and use taxes; providing for the manner of collection;
defining certain terms; providing penalties for violation, and other matters
properly relating thereto, approved March 29, 1955, as amended.

the people of the state
of nevada do enact as follows:

Section 1. The
above entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is
hereby amended by adding thereto a new section to be designated as section
51.5, immediately following section 51, to read as follows:

Sec. 51.5. When
a contractor fabricates material for use in constructing any building or other
improvement to real property, the taxes imposed by
this chapter must be based upon the value of the material as fabricated, as if
the contractor were purchasing it from another, and the tax must be paid by the
contractor as if he were selling it to another.

property,
the taxes imposed by this chapter must be based upon the value of the material
as fabricated, as if the contractor were purchasing it from another, and the
tax must be paid by the contractor as if he were selling it to another.

Sec. 2. This
act becomes effective on January 1, 1987.

Sec. 4. The ballot page
assemblies and the paper ballots to be used in voting on the question must
present the question in substantially the following form:

Shall the Sales and Use Tax Act be
amended to provide that when a contractor fabricates his own materials he must
pay the tax on the value of those materials after fabrication?

Sec. 5. The explanation of
the question which must appear on each paper ballot and sample ballot and in
every publication and posting of notice of the question must be in
substantially the following form:

(Explanation
of Question)

The
proposed amendment to the Sales and Use Tax Act would provide that a contractor
who fabricates materials for his own use in constructing a building must pay the
same tax as if he bought the materials from someone else.

Sec. 6. If a majority of the
votes cast on the question is yes, the amendment to the Sales and Use Tax Act
of 1955 becomes effective on January 1, 1987. If a majority of votes cast on
the question is no, the question fails and the amendment to the Sales and Use
Tax Act of 1955 does not become effective.

Sec. 7. All general election
laws not inconsistent with this act are applicable.

Sec. 8. Any informalities,
omissions or defects in the content or making of the publications,
proclamations or notices provided for in this act and by the general election
laws under which this election is held must be so construed as not to
invalidate the adoption of the act by a majority of the registered voters
voting on the question if it can be ascertained with reasonable certainty from
the official returns transmitted to the office of the secretary of state
whether the proposed amendment was adopted or rejected by a majority of those
registered voters.

Sec. 9. Chapter 374 of NRS
is hereby amended by adding thereto a new section to real as follows:

When a contractor fabricates
material for use in constructing any building or other improvement to real
property, the taxes imposed by this chapter must be based upon the value of the
material as fabricated, as if the contractor were purchasing it from another,
and the tax must be paid by the contractor as if he were selling it to another.

AN ACT relating to records of criminal
history; creating a central repository within the department of motor vehicles;
requiring submission to the repository of records by certain agencies; and
providing other matters properly relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 179A of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

Sec. 3. 1. The central repository for Nevada records of
criminal history is hereby created within the Nevada highway patrol division of
the department of motor vehicles.

2. Each agency of
criminal justice shall submit the records of criminal history it collects to
the division in the manner prescribed by the director of the department of
motor vehicles. If an agency has submitted a record regarding the arrest of a
person who is later determined by the agency not to be the person who committed
the particular crime, the agency shall, immediately upon making that
determination, so notify the division. The division shall delete all references
in the central repository relating to that particular arrest.

3. The division
shall:

(a) Collect, maintain and
arrange all records of criminal history submitted to it; and

(b) Use a record of the
subjects fingerprints as the basis for any records maintained regarding him.

4. The division
may:

(a) Disseminate any
information which is contained in the central repository to any other agency of
criminal justice; and

(b) Enter into
cooperative agreements with federal and state repositories to facilitate
exchanges of such information.

Sec. 4. NRS 179A.060 is
hereby amended to read as follows:

179A.060 Dissemination means disclosing
records of criminal history or the absence of records of criminal history to a
person or agency outside the organization which has control of the information . [, except:

1. Disclosure of
records of criminal history among agencies which maintain a system for the
mutual exchange of criminal records.

2. Furnishing of
information by one agency to another for the purpose of administering the
system of criminal justice, including the furnishing of information by a police
department to a district attorney.

3. Reporting an
event to a repository of Nevada records of criminal history.]

179A.080 The director of the department
of motor vehicles is responsible for administering this chapter and may adopt
regulations for that purpose. The director shall:

1. [Establish]Adopt regulations for the security of the [system of Nevada records of criminal history]central repository so that it is adequately
protected from fire, theft, loss, destruction, other hazards and unauthorized
access.

2. Adopt regulations and standards for
personnel employed by agencies of criminal justice in positions of
responsibility for maintenance and dissemination of records of criminal
history.

3. Provide for audits of [information]informational
systems by qualified public or private agencies, organizations or
persons.

Sec. 6. NRS 179A.090 is
hereby amended to read as follows:

179A.090 No agency of criminal justice in
Nevada [which has a cooperative agreement with a
repository of Nevada records of criminal history] may disseminate
any record of criminal history which includes information about a felony or a
gross misdemeanor without first making inquiry of the central
repository , [of
Nevada records of criminal history,] to obtain the most current
and complete information available, unless:

1. The information is needed for a
purpose in the administration of criminal justice for which time is essential,
and the central repository [of Nevada records of criminal history] is
not able to respond within the required time;

2. The full information requested and to
be disseminated relates to specific facts or incidents which are within the
direct knowledge of an officer, agent or employee of the agency which
disseminates the information;

3. The full information requested and to
be disseminated was received as part of a summary of records of criminal
history from the [Nevada records of criminal
history information]central repository
within 30 days before the information is disseminated;

4. The statute, executive order, court
rule or court order under which the information is to be disseminated refers
only to information which is in the files of the agency which makes the
dissemination;

5. The information requested and to be
disseminated is for the express purpose of research, evaluation or statistical
activities to be based upon information maintained in the files of the agency
or agencies from which the information is sought; or

6. The information is requested by a
compensation officer of the state board of examiners pursuant to NRS 217.090.

Sec. 7. NRS 179A.100 is
hereby amended to read as follows:

179A.100 1. [Records]The
following records of criminal history [which
reflect conviction records only] may be disseminated by an agency
of criminal justice without any restriction pursuant to this chapter [.

(b) Any which pertain to
an incident for which a person is currently within the system of criminal
justice, including parole or probation . [, may be disseminated by an agency of criminal justice
without any restriction pursuant to this chapter.]

2. Without any
restriction pursuant to this chapter, a record of criminal history or the
absence of such a record may be:

(a) Disclosed among
agencies which maintain a system for the mutual exchange of criminal records.

(b) Furnished by one
agency to another to administer the system of criminal justice, including the
furnishing of information by a police department to a district attorney.

(c) Reported to the
central repository.

3. An agency of criminal justice [must]shall disseminate
to a prospective employer, upon request, records of criminal history concerning
a prospective employee which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the
prospective employee is currently within the system of criminal justice,
including parole or probation.

4. Records of criminal history must be
disseminated by an agency of criminal justice upon request, to the following
persons or governmental entities for the following purposes:

(a) The person who is the subject of the record
of criminal history for the purposes of NRS 179A.150.

(b) The person who is the subject of the record
of criminal history or his attorney of record when the subject is a party in a
judicial, administrative, licensing, disciplinary or other proceeding to which
the information is relevant.

(c) The gaming control board.

(d) Any agency of criminal justice of the United
States or of another state or the District of Columbia.

(e) Any public utility subject to the
jurisdiction of the public service commission of Nevada when the information is
necessary to conduct a security investigation of an employee or prospective
employee, or to protect the public health, safety or welfare.

(f) Persons and agencies authorized by statute,
ordinance, executive order, court rule, court decision or court order as
construed by appropriate state or local [officials]officers or agencies.

(g) Any person or governmental entity which has
entered into a contract to provide services to an agency of criminal justice
relating to the administration of criminal justice, if authorized by the
contract, and if the contract also specifies that the information will be used
only for stated purposes and that it will be otherwise confidential in
accordance with state and federal law and regulation.

(h) Any reporter for the electronic or printed
media in his professional capacity for communication to the public.

(i) Prospective employers if the person who is
the subject of the information has given written consent to the agency which
maintains the information.

(j) For the express purpose of research,
evaluative or statistical programs pursuant to an agreement with an agency of
criminal justice.

5. Agencies of criminal justice in this
state which receive information from sources outside the state concerning
transactions involving criminal justice which occur outside Nevada shall treat
the information as confidentially as is required by the laws of the state or
other jurisdiction from which the information was received.

Sec. 8. NRS 179A.140 is
hereby amended to read as follows:

179A.140 1. Agencies
of criminal justice may charge a reasonable fee for any Nevada records of
criminal history furnished to any person or governmental entity except another
agency of criminal justice.

2. All money
received or collected by the department of motor vehicles pursuant to this
section must be used to defray the cost of operating the central repository.

Sec. 9. NRS 179A.150 is
hereby amended to read as follows:

179A.150 1. [Each]The central
repository and each state, municipal, county or metropolitan police
agency shall permit a person, who is or believes he may be the subject of a
record of criminal history maintained by that agency, to appear in person
during normal business hours of the agency and inspect any recorded information
held by that agency pertaining to him. This right of access does not extend to
data contained in intelligence, investigative or other related files, and does
not include any information other than that defined as a record of criminal
history.

2. Each such agency
shall adopt regulations and make available necessary forms to permit inspection
and review of Nevada records of criminal history by those persons who are the
subjects thereof. The regulations must specify:

(a) The reasonable periods of time during which
the records are available for inspection;

(b) The requirements for proper identification
of the persons seeking access to the records; and

(c) The reasonable charges or fees, if any, for
inspecting records.

3. [All law
enforcement agencies which maintain communications with the repository of
Nevada records of criminal history]Each
such agency shall procure for and furnish to any person who requests it [,] and pays a reasonable fee therefor,
all of the information contained in [its records
of criminal history]the central
repository which pertains to the person making the request.

4. The director of the department of
motor vehicles shall adopt regulations governing:

(a) All challenges to the accuracy or
sufficiency of records of criminal history by the person
who is the subject of the allegedly inaccurate or insufficient record;

history by the person who is the subject of the allegedly
inaccurate or insufficient record;

(b) The correction of any record of criminal
history found by the director to be inaccurate, insufficient or incomplete in
any material respect;

(c) The dissemination of corrected information
to those persons or agencies which have previously received inaccurate or
incomplete information; and

(d) A time limit of not more than 90 days within
which an inaccurate or insufficient record of criminal history must be
corrected and the corrected information disseminated. The corrected information
must be sent to each person who requested the information in the 12 months
preceding the date on which the correction was made, to the address given by
each person who requested the information when the request was made.

Sec. 10. NRS 179A.160 is
hereby amended to read as follows:

179A.160 At any time after a date 5 years
after the arrest of a person, or after 5 years after the date of issuance of a
citation or warrant, for an offense for which the person was acquitted or which
ended in a disposition favorable to the person, the person who is the subject
of a record of criminal history relating to the arrest, citation or warrant may
apply in writing to the central repository and the agency
which maintains the record to have it removed from the files which are
available and generally searched for the purpose of responding to inquiries
concerning the criminal history of a person. The central
repository and the agency shall remove the record unless:

1. The defendant is a fugitive.

2. The case is under active prosecution
according to a current certificate of a prosecuting attorney.

3. The disposition of the case was a
deferred prosecution, plea bargain or other similar disposition.

4. The person who is the subject of the
record has a prior conviction for a felony or gross misdemeanor in any
jurisdiction in the United States.

5. The person who is the subject of the
record has been arrested for or charged with another crime, other than a minor
traffic violation, during the 5 years since the arrest, citation or warrant
which he seeks to have removed from the record.

This section does not restrict the authority of a court to
order the deletion or modification of a record in a particular cause or
concerning a particular person or event.

Sec. 11. NRS 481.140 is
hereby amended to read as follows:

481.140 The Nevada highway patrol [must be]is composed
of the following personnel appointed by the director of the department of motor
vehicles:

1. One chief [.]; and

2. Such number of inspectors [and patrolmen],
patrolmen and other employees as the director determines necessary to
perform the duties set forth in NRS 481.180, within the
limits of legislative appropriations therefor.

duties set forth in NRS 481.180, within the limits of
legislative appropriations therefor.

[3. Such
additional support personnel as may be necessary, within the limits of
legislative appropriations therefor.]

Sec. 12. NRS 481.180 is
hereby amended to read as follows:

481.180 The duties of the personnel of
the Nevada highway patrol are:

1. To police the public highways of this
state, and to enforce and to aid in enforcing thereon all the traffic laws of
the State of Nevada. They have the powers of peace officers:

(a) When enforcing traffic laws; and

(b) With respect to all other laws of this state
when:

(1) In the apprehension or pursuit of an
offender or suspected offender;

(2) Making arrests for crimes committed
in their presence or upon or adjacent to the highways of this state; or

(3) Making arrests pursuant to a warrant
in the officers possession or communicated to him.

2. To investigate accidents on all
primary and secondary highways within the State of Nevada resulting in personal
injury, property damage or death, and to gather evidence for the purpose of
prosecuting [the person or persons]any person guilty of any violation of the law
contributing to the happening of such an accident.

3. To act as field agents and inspectors
in the enforcement of the [motor vehicle
registration law (chapter 482 of NRS).]provisions
of chapter 482 of NRS relating to the registration of motor vehicles.

4. To act as field agents, inspectors and
instructors in [carrying out the provisions of
the operators licensing law (chapter 483 of NRS).]the enforcement of the provisions of chapter 483 of NRS
relating to the licensing of operators of motor vehicles.

5. To act as field agents and inspectors [of the department of motor vehicles] in
the enforcement of the [motor vehicle carrier law
(chapter 706 of NRS).]provisions of
chapter 706 of NRS relating to motor vehicle carriers.

6. To act as field agents and inspectors
of the department of taxation in the enforcement of the [laws
of this state]provisions of chapter 365
of NRS relating to the imposition and collection of taxes on gasoline
used in and for motor vehicles on the public highways of this state . [(chapter 365 of NRS).]

7. To act as field agents and inspectors [of the department of motor vehicles] in
the enforcement of the provisions of chapter 366
of NRS relating to the imposition and collection of taxes on special fuels used
in and for motor vehicles on the public highways of this state.

8. To act as field agents and inspectors
in the enforcement of the [laws]provisions of chapters 485, 486 and 487 of NRS relating
to motor vehicle safety responsibility, motorcycles and garages, repair shops
and parking [area keepers (chapters 485, 486 and
487 of NRS).]areas.

9. To enforce the [laws
and regulations governing]provisions of
chapter 408 of NRS relating to roadside parks and [safety] rest areas in this state . [(chapter 408 of NRS).]

10. To maintain
the central repository for Nevada records of criminal history and to carry out
the provisions of chapter 179A of NRS.

11. To
perform such other duties in connection with [each
and all of the above-specified duties, and consistent therewith,]and consistent with the duties listed in this section, as
may be imposed by the director . [of the department of motor vehicles.]

________

CHAPTER 305, AB 457

Assembly Bill No.
457Committee on Health and Welfare

CHAPTER 305

AN ACT relating to protection from fire;
exempting health and care facilities from the requirement of the automatic
closing of doors under certain circumstances; and providing other matters
properly relating thereto.

[Approved May 28, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 477.120 is
hereby amended to read as follows:

477.120 1. [The]Except as
otherwise provided in subsection 2, the owner or operator of any building,
except a single-family detached dwelling, shall:

(a) Equip every exit corridor and other means of
exit with emergency lighting of a type approved by the authority which permits
the safe evacuation of the building.

(b) Except as otherwise provided by the
authority, equip every door to an exit corridor which serves 30 or more
occupants with a device, approved by the authority, which closes the door.

(d) If the building has three stories or more,
enclose every open stairway or vertical shaft with:

(1) Construction whose resistance to fire
has been approved by the authority; or

(2) Alternate means approved by the
authority which afford equivalent protection to life and property from fire.

2. [In
determining whether to allow an exception to the requirement of a device which
closes a door, the authority shall give special consideration to a request by a]A health and care facility [regarding the doors to patients rooms and consider,
at least:

(d) Any resulting
hardship to the owner or operator.]is
exempt from the provisions of paragraph (b) of subsection 1 with regard to the
door to a patients room if smoking in the patients room is prohibited or
permitted only when:

(a) An employee of the
facility is present; or

(b) Smoking material is
wholly contained within a device designed for such use and approved by the
state fire marshal.

3. Upon a showing of practical difficulty
or unnecessary hardship, the authority may [allow
an exception to the requirement]grant an
exemption from the provisions of paragraph (c) of subsection 1 if it is
clearly evident that the safe evacuation of the building will not be hindered
thereby.

4. When [such an exception is allowed,]an exemption is granted pursuant to subsection 3, the
authority shall record the details of and reasons for the [exception.]exemption.

________

CHAPTER 306, SB 173

Senate Bill No.
173Committee on Finance

CHAPTER 306

AN ACT making an appropriation to the
department of prisons for equipment and capital improvements; and providing
other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the department of prisons the sum
of $3,237,224 for equipment and capital improvements.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1985
Statutes of Nevada, Page 920κ

CHAPTER 307, SB 237

Senate Bill No.
237Senator Jacobsen

CHAPTER 307

AN ACT making an appropriation to the
division of forestry of the state department of conservation and natural
resources for equipment for honor camps and for other special equipment and
vehicles; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the division of forestry of the
state department of conservation and natural resources the sum of $1,848,998 to
be used as follows:

For equipment for honor camps............................................... $1,598,998

For special equipment and vehicles........................................ 250,000

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 308, SB 243

Senate Bill No.
243Committee on Finance

CHAPTER 308

AN ACT making appropriations to various
state agencies for the purchase of equipment and the development of systems of
data processing; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the bureau of vocational
rehabilitation in the rehabilitation division of the department of human
resources the sum of $200,000 for the design and programming of a system of
data processing and the purchase of equipment therefor.

2. There is hereby appropriated from the
state general fund to the budget division of the department of administration
the sum of $117,000 for the design and programming of a system of data
processing and the purchase of equipment therefor for the preparation of the
budget of the executive department of state government.

3. There is hereby appropriated from the
state general fund to the department of taxation the sum of $161,262 for the
design and programming of a system of data processing and the purchase of
equipment therefor.

Sec. 2. Any remaining
balances of the appropriations made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and revert to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 309, SB 371

Senate Bill No.
371Committee on Finance

CHAPTER 309

AN ACT making an appropriation to the
department of prisons for equipment; and providing other matters properly
relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the department of prisons the sum
of $549,736 for equipment.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 310, SB 427

Senate Bill No.
427Committee on Finance

CHAPTER 310

AN ACT making an appropriation for the
repair of the governors mansion and for the purchase of equipment and carpet
therefor; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund the sum of $6,796 for the cost of
repairing the governors mansion and for the purchase of equipment and carpet
therefor.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1987, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1985
Statutes of Nevada, Page 922κ

CHAPTER 311, SB 440

Senate Bill No.
440Committee on Finance

CHAPTER 311

AN ACT making an appropriation to the
legislative fund for the repair of the legislative building; and providing
other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the legislative fund the sum of
$375,026 for the cost of repairing the legislative building.

AN ACT relating to group insurance for
public employees; increasing the amount payable by the state for its retired
employees; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The budget
division of the department of administration shall pay:

1. For the period from July 1, 1985, to
December 31, 1985, $29.81 per month; and

2. For the period from January 1, 1986,
to June 30, 1987, $34.81 per month,

toward the cost of the premiums of group insurance for
retired employees of the state.

________

κ1985
Statutes of Nevada, Page 923κ

CHAPTER 313, SB 340

Senate Bill No.
340Committee on Finance

CHAPTER 313

AN ACT relating to the department of prisons;
abolishing the prison residence fund and the prison warehouse fund; making
technical changes to the offenders employment fund and the prisoners personal
property fund; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 209.215 is
hereby amended to read as follows:

209.215 The offenders employment fund is
hereby created as a [special revenue]trust fund. Into it must be deposited, for each
offender, the net amount of any wages earned during incarceration, after any
deductions made by the director. From it the director:

1. May permit withdrawals for immediate
expenditure by the offender for personal needs.

2. Shall pay over to each offender upon
his release any remaining balance in his individual account.

Sec. 2. NRS 209.241 is
hereby amended to read as follows:

209.241 1. The director may
accept money and valuables belonging to offenders at the time of their
incarceration or afterward received by gift, inheritance or the like, for
safekeeping pending their releases, and shall deposit [such]the money in the prisoners personal property
fund, which is hereby created as a trust fund. He
shall keep, or cause to be kept, a full and accurate account of [such]the money
and valuables, and shall submit reports to the board relating to [such]the money
and valuables as may be required from time to time.

2. The interest and income earned on the
money in the fund, after deducting any applicable charges, must be credited to
the fund.

Sec. 3. NRS 209.191 and
209.211 are hereby repealed.

Sec. 4. The state controller
shall transfer:

1. The balance in the prison residence
fund as of July 1, 1985, to the state general fund.

2. The assets and liabilities of the
prison warehouse fund as of July 1, 1985, to the state general fund.

________

κ1985
Statutes of Nevada, Page 924κ

CHAPTER 314, SB 372

Senate Bill No.
372Committee on Finance

CHAPTER 314

AN ACT relating to public lands;
authorizing the administrator of the division of state lands to convey certain
land to the United States Forest Service in exchange for land on which the
Clear Creek Youth Camp is situated; providing for an appraisal of those lands;
making an appropriation from the state general fund for that appraisal; and
providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The administrator
of the division of state lands may, on behalf of the State of Nevada, offer to
convey to the United States Forest Service all of the right, title and interest
of the State of Nevada in and to all or part of the parcel of land situated in
Washoe County, State of Nevada, known as the Goulet parcel, as described more
particularly in section 2 of this act, in exchange for a deed conveying to the
State of Nevada all of the right, title and interest of the United States
Forest Service in and to all or a part of the parcel of land situated in Carson
City, State of Nevada, known as the Clear Creek Youth Camp, as described more
particularly in section 3 of this act.

Sec. 2. The parcel which may
be conveyed by the state is a portion of the Southwest Quarter of Section 11,
Township 16 North, Range 18 East, M.D.B. & M., more particularly described
as follows:

COMMENCING at the section corner common to Sections 2, 3,
10, and 11, Township 16 North, Range 18 East, M.D.B. & M; Thence South
27°54'38" East, a distance of 3703.63 feet to a six inch (6")
concrete highway monument marking the Westerly right-of-way line of Nevada
State Highway No. 27 Engineers Stations 204+86.43 P.T. and the TRUE POINT OF BEGINNING
of this description; Thence following said Westerly right-of-way line of Nevada
State Highway No. 27, South 03°55'00" West, a distance of 56.15 feet;
Thence continuing along said Westerly right-of-way line of Nevada State Highway
No. 27, along a tangent spiral curve to the left having a spiral angle of
17°57'00" and the chord to which bears South 02°23'40" East, a
distance of 280.70 feet; Thence continuing along said Westerly right-of-way
line of Nevada State Highway No. 27, along the arc of a tangent curve to the
left having a radius of 500.00 feet, a central angle of 10°31'40" and the
tangent to which bears South 14°02'00" East, a distance of 46.07 feet, an
arc distance of 91.87 feet; Thence leaving said Westerly right-of-way line of
Nevada State Highway No. 27, South 65°26'20" West, a distance of 261.20
feet; Thence North 77°49'29" West, a distance of 172.31 feet; Thence along
the arc of a tangent curve to the right having a radius of 125.00 feet and a
central angle of 60°17'30", an arc distance of 131.54 feet; Thence North
17°31'59" West, a distance of 180.12 feet; Thence along the arc of a
tangent curve to the right having a radius of 150.00 feet
and a central angle of 81°23'53", an arc distance of 213.10 feet; Thence
North 63°51'54" East, a distance of 310.13 feet; Thence along the arc of a
tangent curve to the left having a radius of 150.00 feet and a central angle of
28°08'42", an arc distance of 73.68 feet; Thence North 35°43'12"
East, a distance of 186.37 feet to a point on said Westerly right-of-way line of
Nevada State Highway No.

a radius of 150.00 feet and a central angle of 81°23'53",
an arc distance of 213.10 feet; Thence North 63°51'54" East, a distance of
310.13 feet; Thence along the arc of a tangent curve to the left having a
radius of 150.00 feet and a central angle of 28°08'42", an arc distance of
73.68 feet; Thence North 35°43'12" East, a distance of 186.37 feet to a
point on said Westerly right-of-way line of Nevada State Highway No. 27; Thence
following said Westerly right-of-way line of Nevada State Highway No. 27, along
the arc of a curve concave Westerly having a radius of 1100.00 feet, a central
angle of 03°05'42" and the tangent to which bears South 04°34'42"
East, a distance of 29.72 feet, an arc distance of 59.42 feet; Thence
continuing along said Westerly right-of-way line of Nevada State Highway No. 27
along a tangent spiral curve to the right having a spiral angle of
05°24'00" and the chord to which bears South 02°09'22" West, a
distance of 216.68 feet to the TRUE POINT OF BEGINNING of this description.
Basis of Bearings: Nevada Coordinate System. Containing 6.1 acres, more or
less. Together with all appurtenant easements.

Sec. 3. The parcel to be
conveyed by the United States Forest Service is the East Half of the Southeast
Quarter of section 33 and the Southwest Quarter of the Southwest Quarter of
section 34, Township 15 North, Range 19 East, M.D.B. & M., containing
approximately 120 acres, together with all appurtenant easements, improvements
and water rights.

Sec. 4. Before the exchange
takes place, the value of the lands described in sections 2 and 3 of this act
must be established by an appraiser chosen by mutual agreement of the parties.
If the parcel described in section 2 of this act is appraised at a value less
than the value of the parcel to be acquired, as described in section 3, the
administrator of the division of state lands may, with the approval of the
legislature, or if it is not in session, the interim finance committee, offer
other excess lands of the state to make an exchange of equal value. If those
other lands are administered by another agency of the state, the administrator
shall also obtain the approval of that agency before he offers those other
lands for exchange.

Sec. 5. 1. There
is hereby appropriated from the state general fund to the administrator of the
division of state lands for the cost of the appraisal of the state land to be
exchanged a sum not to exceed $4,000 or one-half of the total amount expended
on the appraisals by the state and the United States Forest Service, whichever
amount is less.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1987, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 6. This act becomes
effective upon passage and approval.

________

κ1985
Statutes of Nevada, Page 926κ

CHAPTER 315, SB 229

Senate Bill No.
229Senator Jacobsen

CHAPTER 315

AN ACT relating to motor vehicles;
increasing the amount of the fees charged for the registration of certain
vehicles, the issuance of certain license plates and the issuance of a
salesmans license; adding conviction of a gross misdemeanor to the grounds for
denial, suspension or revocation of a salesmans license; and providing other matters
properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.2715 is
hereby amended to read as follows:

482.2715 1. Unless the
vehicle license plate is:

(a) A special plate which the registrant is no
longer eligible to display; or

(b) A personalized plate, the code of which
denotes that the registrant holds a public office which he no longer holds,

if a certificate of registration and vehicle license plate
with a particular code are continuously renewed, the registrant is entitled to
maintain that code as long as he desires to do so.

2. When any certificate of registration
and vehicle license plate expires and remains expired for a continuous period
longer than 18 months, the department may issue, without notice to the previous
registrant, replacement plates which bear the same codes. An applicant for such
replacement plates must pay the usual registration fees and [the fees for duplicate number plates prescribed in NRS
482.500.]an application fee of $25.

Sec. 2. NRS 482.362 is
hereby amended to read as follows:

482.362 1. A person shall
not engage in the activity of a vehicle, trailer or semitrailer salesman in the
State of Nevada without first having received a license from the department.
Before issuing a license to engage in the activity of a salesman, the
department shall require:

(a) An application, signed and verified by the
applicant, stating that the applicant is to engage in the activity of a
salesman, his residence address, and the name and address of his employer.

(b) Proof of the employment of the applicant by
a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or
rebuilder at the time the application is filed.

(c) A statement as to whether any previous
application of the applicant has been denied or license revoked.

(d) Payment of a nonrefundable license fee of [$5]$10 per
year. The license expires on December 31 of each calendar year.

(e) Any other information the department deems
necessary.

2. The department may issue a 60-day
temporary license to an applicant who has submitted an application and paid the
required fee.

3. A vehicle, trailer or semitrailer
salesmans license issued pursuant to this chapter does not permit a person to
engage in the business of selling mobile homes.

4. An application for a salesmans
license may be denied and a salesmans license may be suspended or revoked upon
the following grounds:

(a) Failure of the applicant to establish by
proof satisfactory to the department that he is employed by a licensed and
bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or
rebuilder.

(b) Conviction of a felony.

(c) Conviction of a gross
misdemeanor.

(d) Conviction of
a misdemeanor for violation of any of the provisions of this chapter.

[(d)](e) Falsification of the application.

[(e)](f) Any reason determined by the director to be
in the best interests of the public.

5. A vehicle salesman shall not engage in
sales activity other than for the account of or for and in behalf of a single
employer, who must be a licensed dealer, lessor or rebuilder.

6. If an application for a salesmans
license has been denied, the applicant may reapply after not less than 6 months
after the denial.

7. A salesmans license must be posted in
a conspicuous place on the premises of the dealer, lessor or rebuilder for whom
he is licensed to sell vehicles.

8. If a salesman ceases to be employed by
a licensed and bonded dealer, lessor or rebuilder, his license to act as a
salesman is automatically suspended and his right to act as a salesman
thereupon immediately ceases, and he shall not engage in the activity of a
salesman until he has paid the department a transfer fee of [$2]$5 and
submitted a certificate of employment indicating he has been reemployed by a
licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a
current temporary license or a new salesmans license to his employer.

9. If a licensed salesman changes his
residential address, he shall submit a written notice of the change to the
department within 10 days.

10. A licensed dealer, lessor or rebuilder
who employs a licensed salesman shall notify the department of the termination
of his employment within 10 days following the date of termination by
forwarding the salesmans license to the department.

11. Any person who fails to comply with
the provisions of this section is guilty of a misdemeanor except as otherwise
provided in NRS 482.555.

Sec. 3. NRS 482.368 is
hereby amended to read as follows:

482.368 1. Except as
provided in subsection 2, the department shall provide suitable distinguishing
plates for exempt vehicles. These plates must be provided at cost and must be
displayed on the vehicles in the same manner as provided for privately owned
vehicles. Any license plates authorized by this section
must be immediately returned to the department when the vehicle for which they
were issued ceases to be used exclusively for the purpose for which it was
exempted from the privilege and use tax.

plates authorized by this section must be immediately
returned to the department when the vehicle for which they were issued ceases
to be used exclusively for the purpose for which it was exempted from the
privilege and use tax.

2. License plates furnished for:

(a) Those automobiles which are maintained for
and used by the governor or under the authority and direction of the chief
parole and probation officer, the state contractors board and auditors, the
state fire marshal, the investigation division of the department of motor
vehicles and any authorized federal or out-of-state law enforcement agency;

(b) One automobile used by the department of
prisons, two automobiles used by the Nevada girls training center, and four
automobiles used by the Nevada youth training center;

(c) Vehicles of a city, county or the state,
except any assigned to the state industrial insurance system, if authorized by
the department for purposes of law enforcement or work related thereto or such
other purposes as are approved upon proper application and justification; and

(d) Automobiles maintained for and used by
investigators of the following:

(1) The state gaming control board;

(2) The division of brand inspection of
the state department of agriculture;

(3) The attorney general;

(4) Duly appointed city or county
juvenile officers;

(5) District attorney offices;

(6) Sheriff offices; and

(7) Police departments in the state,

must not bear any distinguishing mark which would serve to
identify the automobiles as owned by the state, county
or city. These license plates must be issued annually for [$5.50 per set.]$12
per plate or, if issued in sets, per set.

3. The director may enter into agreements
with departments of motor vehicles of other states providing for exchanges of
license plates of regular series for automobiles maintained for and used by
investigators of the law enforcement agencies enumerated in paragraph (d) of
subsection 2, subject to all of the requirements imposed by that paragraph,
except that the fee required by that paragraph may not be charged.

4. Applications for the licenses must be
made through the head of the department, board, bureau, commission, school
district or irrigation district, or through the chairman of the board of county
commissioners of the county or town or through the mayor of the city, owning or
controlling the vehicles, and no plate or plates may be issued until a
certificate has been filed with the department showing that the name of the
department, board, bureau, commission, county, city, town, school district or
irrigation district, as the case may be, and the words For Official Use Only
have been permanently and legibly affixed to each side of
the vehicle, except those automobiles enumerated in subsection 2.

side of the vehicle, except those automobiles enumerated in
subsection 2.

5. For the purposes of this section,
exempt vehicle means a vehicle exempt from the privilege tax, except one
owned by the United States.

6. The department shall adopt regulations
governing the use of all license plates provided for in this section. Upon a
finding by the department of any violation of its regulations, it may revoke
the violators privilege of registering vehicles pursuant to this section.

Sec. 4. NRS 482.429 is
hereby amended to read as follows:

482.429 For its services under this
chapter, the department shall charge and collect [a
fee of $5 for each certificate of title issued.]the following fees:

For each certificate of title issued for a vehicle present or
registered in this state $10.00

For each duplicate certificate of title issued........................................... 10.00

For each certificate of title issued for a vehicle not present
in or registered in this state ............................................................................................. 25.00

Sec. 5. NRS 482.500 is
hereby amended to read as follows:

482.500 1. Except as
provided in subsection 2, whenever upon application any duplicate or substitute
certificate of registration or ownership, decal or number plate is issued, the
following fees must be paid:

For a
certificate of registration or ownership............................................. $5.00

For every
substitute number plate or set of plates................................... 5.00

For every
duplicate number plate or set of plates..................................... 10.00

For every decal
displaying a county name................................................ .50

For every decal
designating a radio amateur............................................. .50

For every other
decal (license plate sticker or tab)................................... 5.00

2. A fee of [$5]$10 must be paid for a duplicate plate [of]or set of
plates if a special plate was issued
pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376 or 482.380 or
section 1 of [this act.]chapter 23, Statutes of Nevada 1985. A fee must not be
charged for a duplicate plate or set of plates
issued under NRS 482.368, 482.370, 482.373 or 482.374.

3. The fees which are paid for duplicate
number plates and decals displaying county names or the designation for
operators of amateur radios must be deposited with the state treasurer for
credit to the motor vehicle fund and allocated to the department to defray the
costs of duplicating the plates and manufacturing the decals.

4. For purposes of
this section:

(a) Duplicate number
plate means a license plate or a set of license plates issued to a registered
owner which repeat the code of a plate or set of plates previously issued to
the owner to maintain his registration using the same code.

(b) Substitute number
plate means a license plate or a set of license plates issued in place of a
previously issued and unexpired plate or set of
plates.

315.390 1. A commissioner is
entitled to necessary expenses, including travel expenses, incurred in the
discharge of his duties.

2. An authority may provide by resolution
that each commissioner is entitled to receive compensation of [$60]$80 for
each meeting attended.

3. No commissioner may receive as
compensation more than [$120]$240 in a calendar month.

________

CHAPTER 317, SB 18

Senate Bill No.
18Committee on Human Resources and Facilities

CHAPTER 317

AN ACT relating to health and care
facilities; broadening the definition of group care facilities to provide for
regulation of such facilities regardless of size except for private homes; and
providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 449.005 is
hereby amended to read as follows:

449.005 1. [Group]Except as
otherwise provided in subsection 2, group care facility means an
establishment operated and maintained for the purpose of furnishing food,
shelter and personal care or services other than nursing care to:

(a) [Four or more]Any ambulatory aged, infirm, mentally retarded or
handicapped [persons]person unrelated to the person operating the facility;
or

(b) Four or more females during pregnancy or
after delivery, who are unrelated to the person operating the facility.

2. The term does not include any
establishment which provides care only during the day [.]or any natural person who provides care, not for profit,
for fewer than four persons in his own home.

427A.020 As used in this chapter, unless
the context otherwise requires:

1. Administrator means the chief of the
aging services division of the department.

2. Advocate means an advocate for
residents of facilities for long-term care.

3. Commission means the Nevada
commission on aging.

4. Day care center means a day care
facility for adults as defined in NRS 449.004.

5. Department means the department of
human resources.

6. Director means the director of the
department.

7. Division means the aging services
division of the department.

8. Facility for long-term care means:

(a) A group care facility as defined in NRS
449.005;

(b) An intermediate care facility as defined in
NRS 449.014; and

(c) A skilled nursing facility as defined in NRS
449.018 . [; and

(d) A family home or
other establishment, whether or not certified or licensed by any state or local
governmental agency, in which room and board, laundry services and continuous
protection and oversight are provided for compensation to not more than three
adult persons who:

(1) By reason of age
or disability are incapable of independent living but do not require the care
of a practical or professional nurse; and

(2) Are not
related to the person or persons maintaining the home or establishment.]

________

CHAPTER 318, AB 523

Assembly Bill No.
523Committee on Judiciary

CHAPTER 318

AN ACT relating to vagrancy; removing,
from the definition of vagrancy, the requirement that prowling must be in the
nighttime; and providing other matters properly relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 207.030 is
hereby amended to read as follows:

207.030 1. Every person who:

(a) Solicits anyone to engage in or who engages
in lewd or dissolute conduct in any public place or in any place open to the
public or exposed to public view;

(b) Solicits any act of prostitution;

(c) Is a pimp, panderer or procurer or lives in
or about houses of prostitution;

(d) Accosts other persons in any public place or
in any place open to the public for the purpose of begging or soliciting alms;

(e) Goes from house to house begging food, money
or other articles, or seeks admission to houses upon frivolous pretexts for no
other apparent motive than to see who may be therein, or to gain an insight of
the premises;

(f) Keeps a place where lost or stolen property
is concealed;

(g) Loiters in or about any toilet open to the
public for the purpose of engaging in or soliciting any lewd or lascivious or
any unlawful act;

(h) Loiters or wanders upon the streets or from
place to place without apparent reason or business and who refuses to state his
name and to account for his presence when requested by any peace officer so to
do, if the surrounding circumstances are such as to indicate to a reasonable
man that the public safety demands the identification;

(i) Loiters, prowls or wanders upon the private
property of another, [in the nighttime,]
without visible or lawful business with the owner or occupant thereof, or who,
while loitering, prowling or wandering upon the private property of another, [in the nighttime,] peeks in the door or
window of any inhabited building or structure located thereon, without visible
or lawful business with the owner or occupant thereof; or

(j) Lodges in any building, structure or place,
whether public or private, without the permission of the owner or person
entitled to the possession or in control thereof,

is a vagrant.

2. Every vagrant shall be punished:

(a) For the first violation of paragraph (a),
(b) or (c) of subsection 1 and for each subsequent violation of the same
paragraph occurring more than 3 years after the first violation, for a
misdemeanor.

(b) For the second violation of paragraph (a),
(b) or (c) of subsection 1 within 3 years after the first violation of the same
paragraph, by imprisonment in the county jail for not less than 30 days nor more
than 6 months and by a fine of not less than $250 nor more than $1,000.

(c) For the third or subsequent violation of
paragraph (a), (b) or (c) of subsection 1 within 3 years after the first
violation of the same paragraph, by imprisonment in the county jail for 6
months and by a fine of not less than $250 nor more than $1,000.

(d) For a violation of any provision of
paragraphs (d) to (j), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed
by subsection 2 must be imposed to run consecutively.

________

κ1985
Statutes of Nevada, Page 933κ

CHAPTER 319, AB 493

Assembly Bill No.
493Committee on Transportation

CHAPTER 319

AN ACT relating to motor vehicles;
providing for special license plates for the remaining elective officers of the
executive branch of state government; and providing other matters properly
relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of
NRS is hereby amended by adding thereto a new section to read as follows:

Upon payment of the license
fees authorized by law, the department shall furnish to the secretary of state,
the state treasurer, the state controller and the attorney general special
license plates showing, respectively, on the face thereof, Secretary of State
3, State Treasurer 4, State Controller 5 and Attorney General 6. The
department shall issue such number of license plates as may be necessary for
all private cars owned by these public officers.

Section 1. Chapter 616 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. The commissioner
may assess all self-insured employers to provide for claims against any
insolvent self-insured employer.

2. All money
received from such assessments must be deposited with the state treasurer to
the credit of the fund for insolvent self-insured employers, which is hereby
created as a trust fund. Money in the fund must be used solely to carry out the
provisions of this section. All claims against the fund must be paid as other
claims against the state are paid. The state treasurer shall invest money in
the fund in the same manner and in the same securities in which he may invest
general funds of the state. Income realized from the investment of the assets
in the fund must be credited to the fund.

Sec. 2. NRS 616.291 is
hereby amended to read as follows:

616.291 1. An employer may
qualify as a self-insured employer by establishing to the satisfaction of the
commissioner that the employer has sufficient
administrative and financial resources to make certain the prompt payment of
all compensation under this chapter or chapter 617 of NRS.

has sufficient administrative and financial resources to
make certain the prompt payment of all compensation under this chapter or
chapter 617 of NRS.

2. A self-insured employer must, in
addition to establishing financial ability to pay, deposit with the
commissioner money, corporate or governmental securities or a surety bond
written by any company admitted to transact surety business in this state, or
any combination of money, securities or a bond. The first deposit must be in an
amount reasonably sufficient to ensure payment of compensation, but in no event
may it be less than 105 percent of the employers expected annual incurred cost
of claims, or less than $100,000. In arriving at an amount for the expected
annual cost of claims, due consideration must be given to the past and
prospective [loss and expense] experience
of the employer with losses and expenses within
this state, to [catastrophe hazards and
contingencies]the hazard of catastrophic
loss, to other contingencies, and to trends within the state. In
arriving at the amount of the deposit required, the commissioner may consider
the nature of the employers business, the financial ability of the employer to
pay compensation and his probable continuity of operation. The deposit must be
held by the commissioner to secure the payment of compensation for injuries and
occupational diseases to employees. The deposit may be increased or decreased
by the commissioner in accordance with chapter 681B of NRS and his regulations
for loss reserves in casualty insurance. If the commissioner requires an
employer to increase his deposit, the commissioner may specify the form of the
additional security. The employer shall comply with such a requirement within
30 days after receiving notice from the commissioner.

3. The commissioner shall require the
self-insured employer to submit evidence of excess insurance to provide
protection against a catastrophic loss. The excess insurance must be written by
an insurer authorized to do business in this state. The commissioner shall
consider the excess insurance coverage as a basis for a reduction in the
deposit required of an employer.

4. The fund for
self-insured employers is hereby created as an agency fund. All money received
by the commissioner pursuant to this section must be deposited with the state
treasurer to the credit of the fund for self-insured employers. All claims
against this fund must be paid as other claims against the state are paid.

Sec. 3. NRS 616.292 is
hereby amended to read as follows:

616.292 1. If a self-insured
employer becomes insolvent, institutes any voluntary proceeding under the
Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a
general or special assignment for the benefit of creditors or fails to pay
compensation under this chapter or chapter 617 of NRS after an order for payment
of any claim becomes final, the commissioner may, after giving at least 10
days notice to the employer and any insurer or guarantor, use money or
interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the commissioner to the
extent necessary to make [such] those payments.

surety bonds deposited or filed with the commissioner to the
extent necessary to make [such]those payments. Until the commissioner gives a 10-day
notice pursuant to this subsection, the employer is entitled to all interest
and dividends on bonds or securities on deposit and to exercise all voting
rights, stock options and other similar incidents of ownership thereof. [The commissioner may assess all self-insurers to
provide for claims against any insolvent self-insured employer.]

2. A company providing a surety bond
under NRS 616.291 may terminate liability on its surety bond by giving the
commissioner and the employer 90 days written notice. [Such]The termination does not limit liability which
was incurred under the surety bond before the termination. If the employer
fails to requalify as a self-insured employer on or before the termination
date, the employers certification is withdrawn when the termination becomes
effective.

Sec. 4. NRS 682B.040 is
hereby amended to read as follows:

682B.040 1. Except as
provided in NRS 682B.050 and section 7 of Assembly Bill 156 of the 63rd session
of the Nevada legislature, deposits made in this state under this code must be
made through the commissioner . [, and upon his written order deposited with the state
treasurer, who shall give his receipt therefor and hold in trust deposits made
under this code for the purpose or purposes for which the respective deposits
were so made, subject to the provisions of NRS 682B.010 to 682B.120, inclusive.]The fund for the insurance division is hereby created as
an agency fund. All money received by the commissioner must be deposited with
the state treasurer to the credit of the fund for the insurance division. All
claims against the fund must be paid as other claims against the state are
paid.

2. The State of Nevada [shall be]is responsible
for the safekeeping of all securities or other assets deposited with the state
treasurer through the commissioner under this code, and shall bear the costs of
the depository.

Sec. 5. Any money from
assessments against self-insurers to provide for claims against insolvent
insurers in the possession of the commissioner on July 1, 1985, whenever
deposited or invested, must be deposited with the state treasurer to the credit
of the fund for insolvent self-insured employers. To avoid any loss to the
commissioner, any investments made by him which have not matured or been
liquidated before July 1, 1985, may be allowed to mature. Upon maturity or
liquidation, the proceeds must be deposited with the state treasurer to the
credit of the fund for insolvent self-insured employers.

Sec. 6. Sections 2, 3 and 4
of this act become effective at 12:01 a.m. on July 1, 1985.

________

κ1985
Statutes of Nevada, Page 936κ

CHAPTER 321, AB 167

Assembly Bill No.
167Committee on Judiciary

CHAPTER 321

AN ACT relating to sports; authorizing the
Nevada athletic commission to regulate contests involving forms of Oriental
unarmed self-defense; making the appointment of chief inspectors in certain
counties discretionary; requiring a broadcasting network for television to file
with the commission a copy of any contract entered into for the rights to
broadcast certain sporting events; and providing other matters properly
relating thereto.

[Approved May 29, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 467 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 8.5, inclusive, of this act.

Sec. 2. Board means the medical advisory board.

Sec. 3. Commission means the Nevada athletic commission.

Sec. 4. Contestant means any person who engages in unarmed combat
for remuneration.

Sec. 5. Promoter means any person who produces or stages any
professional contest or exhibition of unarmed combat.

Sec. 6. Purse means the financial guarantee or any other
remuneration for which contestants are participating in a contest or exhibition
and includes the contestants share of any payment received for radio broadcasting,
television or motion picture rights.

Sec. 7. Ring official means any person who performs an official
function during the progress of a contest or exhibition of unarmed combat.

Sec. 8. Unarmed combat means boxing, wrestling or any form of competition
in which a blow is usually struck which may reasonably be expected to inflict
injury.

Sec. 8.5. The provisions of this chapter do not apply to exhibitions of
Oriental unarmed self-defense in which no dangerous blow is intended to be
struck.

4. Foreign
copromoter means a promoter who has no place of business within this state.

5. Professional
boxer or professional wrestler means a natural person who competes for money,
prizes or purses, or who teaches or pursues or assists in the practice of
boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.

6. Promoter
means any person, and in the case of a corporate promoter
includes any officer, director or stockholder thereof, who produces or stages
any professional boxing or wrestling contest or exhibition.

promoter includes any officer,
director or stockholder thereof, who produces or stages any professional boxing
or wrestling contest or exhibition.

7. Purse means
the financial guarantee or any other remuneration, or part thereof, for which
professional boxers or wrestlers are participating in a contest or exhibition
and includes the participants share of any payment received for radio
broadcasting, television or motion picture rights.

8. Ring official
means any person, who performs an official function during the progress of a
contest or exhibition.], unless the
context otherwise requires, the words and terms defined in sections 2 to 8,
inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 10. NRS 467.018 is
hereby amended to read as follows:

467.018 The board shall:

1. Prepare and submit to the commission
appropriate standards for the physical and mental examination of [boxers and wrestlers.]contestants. No standard is effective until it is
approved by the commission.

2. Recommend to the commission for
licensing , physicians who are qualified to
examine [boxers and wrestlers.]contestants.

3. Advise the commission as to the
physical or mental fitness of a [boxer and
wrestler]contestant, if it so
requests.

4. Prepare and submit to the legislature
and the commission reports containing any recommendations for revisions in the
law which it deems necessary to protect the health of [boxers
and wrestlers]contestants in this
state.

Sec. 11. NRS 467.020 is
hereby amended to read as follows:

467.020 1. The Nevada
athletic commission, consisting of five members appointed by the governor, is
hereby created.

2. Three members of the commission
constitute a quorum for the exercise of the authority conferred upon the
commission, and a concurrence of at least three of the members is necessary to
render a choice or a decision by the commission.

3. A member shall not at any time during
his service as a member of the commission promote or sponsor any [boxing contest, wrestling exhibition or combination of
such events,]contest or exhibition of
unarmed combat, or combination of those events, or have any financial
interest in the promotion or sponsorship of [such]those contests or exhibitions.

Sec. 12. NRS 467.040 is
hereby amended to read as follows:

467.040 1. The commission
may employ an executive [secretary,]director, who must not be a member of the
commission.

2. Except as provided in NRS 467.080 and
467.135, all money received by the executive [secretary]director or the commission pursuant to the
provisions of this chapter must be deposited with the state treasurer for
credit to the state general fund.

Sec. 13. NRS 467.050 is
hereby amended to read as follows:

467.050 1. For each county
of the state the commission may appoint one or more official
representatives to be designated as inspectors, and [shall] may appoint one
chief inspector in each county having a population of 100,000 or more.

appoint one or more official representatives to be
designated as inspectors, and [shall]may appoint one chief inspector in each county
having a population of 100,000 or more. The chief inspectors shall supervise
the work of all other inspectors appointed by the commission. Each inspector [shall]must receive
from the commission a card authorizing him to act as an inspector for the
county designated. He [shall hold]holds office as an inspector at the pleasure of the
commission.

2. [No]An inspector shall not at
any time during his service as an inspector promote or sponsor any [boxing contest, wrestling exhibition or combination of
such events.]contest or exhibition of
unarmed combat, or combination of those events.

Sec. 14. NRS 467.055 is
hereby amended to read as follows:

467.055 1. Members of the
commission, when authorized by the chairman, are entitled to receive as
compensation $60 for each full-day meeting of the commission.

2. The executive [secretary]director of the commission is in the unclassified
service of the state. He shall devote his entire time and attention to the
business of his office and shall not pursue any other business or occupation or
hold any other office of profit.

3. Each inspector for the commission is
entitled to receive for the performance of his duties a fee approved by the
commission.

4. All travel expenses and subsistence
allowances of the members of the commission, its inspectors and its executive [secretary]director
must be authorized by the chairman.

Sec. 15. NRS 467.060 is
hereby amended to read as follows:

467.060 Members of the commission, its
inspectors and its executive [secretary]director are entitled to receive traveling
expenses and subsistence allowances while engaged in the transaction of
business only if authorized by the chairman.

Sec. 16. NRS 467.070 is
hereby amended to read as follows:

467.070 1. The commission [shall have]has and
is vested with the sole direction, management, control and jurisdiction over
all [boxing contests, sparring and wrestling
matches and exhibitions]contests or
exhibitions of unarmed combat to be conducted, held or given within the
State of Nevada, and no [boxing contest, sparring
or wrestling match or exhibition shall]contest
or exhibition may be conducted, held or given within this state except
in accordance with the provisions of this chapter.

2. Any boxing or sparring contest
conforming to the [rules, regulations and]
requirements of this chapter and to the regulations of
the commission shall be deemed to be a boxing contest and not a prize fight.

3. Any contest
involving a form of Oriental unarmed self-defense must be conducted pursuant to
rules for that form which are approved by the commission before the contest is
conducted, held or given.

Sec. 17. NRS 467.080 is
hereby amended to read as follows:

467.080 1. The commission
may issue and revoke licenses to conduct, hold or give [boxing,
sparring or wrestling contests, matches or exhibitions]
contests or exhibitions of unarmed combat where an admission fee is received [,
to any applicant entity] under such terms and in accordance with such
provisions as the commission may prescribe.

exhibitions]contests or exhibitions of unarmed combat where an
admission fee is received [, to any applicant
entity] under such terms and in accordance with such provisions
as the commission may prescribe.

2. Any application for such a license
must be in writing and [must] correctly
show and define the [owner of the applicant
entity.]applicant. The application
must be accompanied by an annual fee to be fixed by the commission on a uniform
scale.

3. Before any license is granted [to an applicant entity which has filed its application
as provided in this section, the applicant entity], the applicant must file a bond in an amount fixed by
the commission but not less than $2,000, with good and sufficient surety, and
conditioned for the faithful performance by the applicant [entity] of the provisions of this
chapter. [This subsection does not apply to
amateur athletic clubs.] All money which the commission receives
pursuant to this subsection must be deposited with the state treasurer for
credit to the athletic commissions agency fund, which is hereby created.

4. If the commission believes this bond
is inadequate, the commission may require the promoter to make a deposit of
money in an amount fixed by the commission. The deposit must be made not less
than 5 days before the contest or exhibition. It may be used to satisfy any
obligation incurred by the promoter during the staging of the contest or
exhibition upon order of the commission. After satisfaction of all such
obligations the commission shall release the remainder to the promoter.

5. Subsections 3
and 4 do not apply to amateur athletic clubs.

Sec. 18. NRS 467.100 is
hereby amended to read as follows:

467.100 1. All [applicant entities, promoters, foreign copromoters,
professional boxers, professional wrestlers,]contestants, promoters, managers, seconds, sparring
partners, trainers, booking agents and ring officials [shall]must be licensed by the commission. No person [shall be permitted to]may participate, either directly or indirectly, in any [boxing, sparring or wrestling matches, contests or
exhibitions or the holding thereof, unless such person shall have]contest or exhibition of unarmed combat unless he has first
procured a license from the commission.

2. The commission shall [have power and authority to] fix a
uniform scale of license fees.

3. It [shall
be]is a violation of this chapter
for any person to participate, directly or indirectly, as stated in subsection
1, unless he [shall have]has been granted a license therefor.

Sec. 19. NRS 467.103 is
hereby amended to read as follows:

467.103 The commission may issue licenses
without fees to referees and physicians authorizing them to officiate only at [boxing contests, wrestling exhibitions or combinations
thereof,]a contest or exhibition of
unarmed combat between amateurs.

Sec. 20. NRS 467.104 is
hereby amended to read as follows:

467.104 1. Any person who
charges and receives an admission fee for exhibiting any live [boxing or sparring match, wrestling exhibition or
performance]contest or exhibition of
unarmed combat on a closed-circuit telecast, or
motion picture, shall, within 10 days after the event, furnish to the
commission a verified written report on a form which is supplied by the
commission, showing the number of tickets sold and issued or sold or issued,
and the gross receipts therefor without any deductions.

closed-circuit telecast, or motion picture, shall, within 10
days after the event, furnish to the commission a verified written report on a
form which is supplied by the commission, showing the number of tickets sold
and issued or sold or issued, and the gross receipts therefor without any
deductions.

2. That person shall also, at the same
time, pay to the commission a license fee, exclusive of federal taxes thereon,
of 4 cents for each $1 or fraction thereof received for admission at the
exhibition. The license fee applies uniformly at the same rate to all persons
subject to it. The license fee must be based on the face value of all tickets
sold and complimentary tickets issued.

Sec. 21. NRS 467.105 is
hereby amended to read as follows:

467.105 1. Every promoter , [or foreign copromoter,]
in order to present a program of [boxing
contests, wrestling exhibitions, or a combination of such events, shall]contests or exhibitions of unarmed combat, must obtain
a permit from the commission for each [such]
program.

2. The following fees [shall]must accompany
each application for a permit to present a program of contests or exhibitions:

[Foreign copromoters permit]Permit for a promoter who has no place of business in this
state...................................................................................................... $100

[Promoters permit]Permit for a promoter who has a place of business in this
state 25

The provisions of this subsection [shall]do not apply to the presentation of a program of
amateur [boxing contests, amateur wrestling
exhibitions or a combination of such events.]contests or exhibitions of unarmed combat.

Sec. 22. NRS 467.107 is
hereby amended to read as follows:

467.107 1. In addition to
the payment of any other fees and money due under this chapter, every promoter , except as provided in subsection 2, shall pay a
license fee of:

(a) Four percent of the total gross receipts
from admission fees to the live [exhibition of
any boxing contest, wrestling match or exhibition, or combination of those
events,]contest or exhibition of unarmed
combat, exclusive of any federal tax or tax imposed by any political
subdivision of this state; and

(b) Three percent of the first $1,000,000, and 1
percent of the next $2,000,000, of the total gross receipts from the sale,
lease or other exploitation of broadcasting, television and motion picture
rights for that contest [, match] or
exhibition,

without any deductions for commissions, brokerage fees,
distribution fees, advertising, contestants purses or any other expenses or [any other] charges.

2. A corporation organized pursuant to
NRS 81.550 to 81.660, inclusive, which promotes an amateur [boxing, wrestling or karate]contest or exhibition of unarmed
combat whose net proceeds are to be spent entirely in this state, for
the purposes for which the corporation is organized, is
exempt from the fees payable under this section.

organized, is exempt from the fees payable under this
section. The corporation must retain the services of a promoter licensed
pursuant to this chapter.

3. The commission shall adopt
regulations:

(a) Requiring that the number and face value of
all complimentary tickets be reported.

(b) Governing the treatment of complimentary
tickets for the purposes of computing gross
receipts from admission fees under paragraph (a) of subsection 1.

Sec. 23. NRS 467.110 is
hereby amended to read as follows:

467.110 The commission [shall have full power to regulate,]may suspend or otherwise discipline any applicant [entity or any participant who shall,], contestant, promoter, ring official or other participant
who, in the judgment of the commission:

1. [Participate]Participates in any sham or fake [boxing match.

2. Be]contest or exhibition of unarmed combat.

2. Is guilty
of a failure to give his best efforts in such a
contest [.

3. Be]or exhibition.

3. Is guilty
of any foul or unsportsmanlike conduct in connection with such a contest [.]or exhibition.

Sec. 24. NRS 467.117 is
hereby amended to read as follows:

467.117 Each member of the commission may
upon his own motion, or upon the verified written complaint of any person
charging a licensee or [permittee]the holder of a permit with violating any provision of
this chapter or the [rules and] regulations
promulgated thereunder, suspend for a period not exceeding 10 days any license
or permit until final determination by the commission, when in his opinion [such]the action
is necessary to protect the public welfare and the best interests of [boxing or wrestling.]the sports regulated pursuant to this chapter.

Sec. 25. NRS 467.120 is
hereby amended to read as follows:

467.120 1. Every contestant
competing under the terms of this chapter or regulation of the commission [shall be]is entitled
to receive [and shall receive] a
copy of a written contract or agreement approved as to form by the commission
binding the licensee to pay the contestant a certain fixed fee or percentage of
the gate receipts.

2. One copy of [such
agreement shall]the agreement must be
filed with the executive [secretary]director of the commission and one copy [shall]must be
retained by the licensee or sponsor of the contest.

3. The inspector or member of the
commission in attendance at the contest shall determine whether such an agreement has been delivered to each contestant and
may require that a sufficient amount of the gate receipts be impounded to pay
the contestants according to [such agreement.]those agreements.

Sec. 26. NRS 467.125 is
hereby amended to read as follows:

467.125 The commission may, by
regulation:

1. Require insurance coverage for each
licensed [boxer or wrestler]contestant to provide for medical, surgical and
hospital care for injuries sustained while engaged in [boxing
or wrestling] contests or exhibitions [,]
of unarmed combat, in an amount of $5,000 or more payable to the physician or
hospital which treated the [boxer or wrestler] contestant for his injuries or,
if he has paid for that care, directly to him or his beneficiary; or